Search Legislation

The Judicial Pensions (Requisite Benefits) Order 1988

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART IIIREQUISITE BENEFITS

Office-holder’s benefits

6.—(1) As from his attainment of pensionable age, an office-holder shall be entitled for the purposes of this Order to a pension under a scheme for his life.

(2) Subject to paragraphs (3) and (4) below, the annual rate of the officer-holder’s pension under paragraph (1) shall be 1¼ per cent of his final salary multiplied by the number of years of relevant service completed by him before he attained pensionable age.

(3) Paragraph (2) above shall not apply in relation to an officer-holder who—

(a)ceases to hold office before normal pension age, and

(b)has completed less than five years' qualifying service for the purposes of Schedule 16 to the Act of 1973 (preservation) as originally enacted(1).

(4) Any part of the pension under paragraph (1) above in excess of the office-holder’s guaranteed minimum pension shall be postponed for any period for which he continues in employment (whether or not employment to which the scheme relates) after attaining pensionable age.

Widow’s benefits

7.—(1) As from the death of an office-holder (whether before or after attaining pensionable age) his widow shall be entitled for the purposes of this Order to a pension under a scheme.

(2) Subject to paragraphs (3) and (4) below, the annual rate of the widow’s pension under paragraph (1) shall be ⅝ per cent of the final salary (or last salary before death) of the office-holder multiplied by the number of years of relevant service completed by him before he attained pensionable age.

(3) Paragraph (2) above shall apply for any such period as is mentioned in section 36(6) of the Act.

(4) Paragraph (2) above shall not apply in relation to an office-holder who dies after ceasing to hold office and who has completed less than five years' qualifying service for the purposes of Schedule 16 to the Act of 1973 (preservation) as originally enacted.

Office-holder’s guaranteed minimum pension

8.—(1) As from his attainment of pensionable age an office-holder who has ceased to hold office shall, subject to paragraph (3) below, be entitled to receive not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in accordance with section 35(2), (3), (4), (5) and (9) of the Act, unless his accrued rights thereto are extinguished under section 43(7).

(2) Where an office-holder continues to serve after pensionable age, then—

(a)as from the expiration of five years from the date on which he attains pensionable age, or

(b)as from the date (if earlier) when he ceases to hold office,

he shall, subject to paragraph (3) below, be entitled to receive not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in the manner provided by paragraph (1) above and section 35(6) of the Act.

(3) Entitlement to payment of a guaranteed minimum pension by virtue of paragraph (1) or (2) above shall not arise in respect of any period during which the consent of the office-holder under section 33(3)(a) or (b) of the Act is in force and not revoked, and, when the pension which has accordingly been postponed commences, paragraph (1) above shall apply as if it contained a reference to section 35(6).

Widow’s guaranteed minimum pension

9.—(1) As from the death (whether before or after attaining pensionable age) of an office-holder, his widow shall, subject to paragraphs (2) and (3), be entitled to receive a guaranteed minimum pension the weekly rate of which shall be not less than her guaranteed minimum as ascertained in accordance with section 36(3) of the Act.

(2) Paragraph (1) above shall apply for any such period as is mentioned in section 36(6) of the Act.

(3) Paragraph (1) above shall not apply if

(a)at the date of his death the office-holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 43(7) of the Act, or

(b)the widow’s accrued rights are extinguished under that subsection.

Widower’s guaranteed pension

10.—(1) As from the death on or after 6th April 1989 (whether before or after attaining pensionable age) of a female office-holder, her widower shall, subject to paragraphs (2) and (3) be entitled to receive a guaranteed minimum pension the weekly rate of which shall be his guaranteed minimum as ascertained in accordance with section 36(3) of the Act.

(2) Paragraph (1) above shall apply in the circumstances prescribed under section 36(7A) of the Act and for the period prescribed under that subsection.

(3) Paragraph (1) above shall not apply if:

(a)at the date of her death the office-holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 43(7) of the Act; or

(b)the widower’s accrued rights are extinguished under that subsection.

(1)

For the purpose of articles 6 and 7 of this Order not as amended by section 10 of the Social Security Act 1986 (c. 50).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources