The Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991

Additional payments for back service

9.  –

(1) In this regulation–

“back service” means–

(a) in the case of an office-holder who has specified that the annual value of the widower’s pension is to be calculated on the assumption under paragraph 27(2)(b) of Schedule 2 to the Act, service before 1st January 1992; and

(b) in the case of an office-holder who has married on or after that date, service on or after that date for any period during which she has made no periodical payments;

(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such of the following rates as she may specify–

(a) if she is serving in a 15-year office, 4 per cent., 8 per cent. or 11 per cent. of her salary for the time being (that is to say, at the standard rate, or at twice, or at two and three quarters times that rate);

(b) if she is serving in a 20-year office, 3 per cent., 6 per cent. 9 per cent., or 12 per cent., of her salary for the time being (that is to say at the standard rate, or at twice, three times or four times that rate).

(3) An election under this regulation must have been made, or be made–

(a) not later than 1st July 1992; or

(b) in the case of an office-holder marrying (or remarrying) after 31st December 1991 and while still serving, not later than six months after her marriage or remarriage.

(4) An office-holder who has made an election under this regulation may at any time by notice in writing to the responsible authority, either–

(a) revoke her election; or

(b) vary its effect by specifying a different rate of additional payments, being one of the rates mentioned in (a) or (b), as the case may be, of paragraph (2) above.

(5) An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the office-holder has made additional payments for a period equal in length to her back service and for this purpose, for any period during which she has made additional payments at a rate higher than the standard rate, she shall be treated as having made such payments for a correspondingly longer period (so that, for example, if she has made additional payments at twice the standard rate for one year she shall be treated as having made additional payments for two years).