http://www.legislation.gov.uk/apni/1960/2/bodyResident Magistrates' Pensions Act (Northern Ireland) 1960An Act to amend the law relating to pension and superannuation benefits payable to, or in respect of service as, a resident magistrate and for purposes connected therewith.texttext/xmlenStatute Law Database2022-08-15Expert Participation2022-03-10
Retirement and pension<Addition ChangeId="d29p51" CommentaryRef="c16988751">Retiring age of resident magistrates.</Addition>1Every resident magistrate (whether appointed before or after the passing of this Act) shall vacate his office on the day on which he attains the age of 75 Pensions of resident magistrates.21Subject to the provisions of this Act, the Treasury on the recommendation of the Ministry of Home Affairs (in this Act referred to as “the Ministry”) may, on the retirement of a resident magistrate who is appointed after the passing of this Act or who has elected, pursuant to section eleven that this Act shall apply to him, grant to him an annual sum by way of pension.1AThis Act shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.1BThis Act is subject to section 18 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes).2A pension granted under sub-section (1)—ashall, if the resident magistrate is not a person to whom paragraph (b) applies, be calculated in accordance with Part I of the Schedule;bshall, if the resident magistrate is a person to whom this paragraph applies, be calculated in accordance with Part II of the Schedule;cshall be payable by such instalments, at such times and in such manner as the Treasury may think proper.3Without prejudice to sub-section (2) of section sixteen, the Treasury shall not grant a pension under this Act to a resident magistrate unless—anot being a person to whom paragraph (b) of sub-section (2) applies, he has completed two years ' service as a resident magistrate;bbeing a person to whom paragraph (b) of sub-section (2) applies, either—ihe has completed five years' service as a resident magistrate; oriithe aggregate of the periods of his service as a resident magistrate and of his service in whole-time employment to which the Superannuation Acts apply (in this Act referred to as “aggregated service”) is not less than ten years' service;che is not less than sixty-five years of age, except upon a medical certificate to the satisfaction of the Minister of Home Affairs (in this Act referred to as “the Minister”) that he is incapable, from infirmity of mind or body, of discharging the duties of his office, and that the incapacity is likely to be permanent.4A resident magistrate to whom a pension has been granted under this section before he has attained the age of sixty-five in consequence of any such incapacity as is mentioned in paragraph (c) of sub-section (3) shall, until he has attained that age, be liable to be required by the Governor to resume the duties of a resident magistrate with the salary attached thereto, and, if (being in a competent state of health) he declines when so required to resume those duties, or declines or neglects to execute those duties, his pension shall cease to be payable, unless the Treasury after consultation with the Minister otherwise directs.5Whenever a resident magistrate has resumed his duties as aforesaid, the payment of the pension granted to him shall be suspended during the period of his resumed service, but, subject to sub-section (4), at the end of that period the pension shall again be payable and be recalculated in accordance with Part I or Part II of the Schedule, as the case may require, and for that purpose the period of his resumed service shall be added to the period of his former service.6Paragraph (b) of sub-section (2) applies to—aa person who at the time of his appointment as a resident magistrate—iis serving in whole-time employment to which the Superannuation Acts apply; andiihas not become eligible for any superannuation benefits under those Acts; orba person who at any time before his appointment as a resident magistrate has retired from employment to which the Superannuation Acts apply in such circumstances that, on attaining a specific age, he would or might have become eligible for a superannuation allowance by virtue of sub-section (2) of section thirty-four of the Superannuation Act (Northern Ireland), 1949 , but has not at the date of his appointment as a resident magistrate become eligible for such a superannuation allowance.7The Lord Chancellor must consult the Lord Chief Justice before—asatisfying himself as mentioned in subsection (3)(c), orbrequiring a person to resume the duties of resident magistrate in accordance with subsection (4).8The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (7)—athe holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);ba Lord Justice of Appeal (as defined in section 88 of that Act).2A1The provisions regulating the pensions which may be received under section 2 and the Schedule are to take effect subject to the modifications contained in this section.2In the section—“election” means an election made under sub‐section (3);Definition rep. by SR 2003/482“resident magistrates; pension scheme” means the occupational pension scheme constituted by this Act.3A person who is eligible for a pension in respect of his office as a resident magistrate shall while in that office:abe deemed to be a member of the resident magistrates' pension scheme except during such time as an election is in force in respect of him; andbbe entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the resident magistrates' pension scheme, to take effect on a date not less than one month after the date on which it was served.4At any time after a person has made an election and while he continues to hold office as a resident magistrate:ahe may make a written application to the Lord Chancellor requesting admission to membership of the resident magistrates' pension scheme; andbthe Lord Chancellor may, if satisfied that the applicant is in good health, admit him to that scheme on a date not less than three months after the date on which the application was served; andcupon the date of the applicant's admission to the resident magistrates' pension scheme, his election shall cease to be in force.5An applicant under sub‐section (4) shall supply such evidence relating to his health as the Lord Chancellor may reasonably require and shall submit to any medical examination reasonably specified by the Lord Chancellor.6The Lord Chancellor shall notify an applicant under sub‐section (4) of his decision in writing within three months after the date on which the application was served.7Subject to the provisions of sub‐section (4), an election shall be irrevocable.8An election shall not affect its maker's eligibility for a pension which accrued under a judicial pension scheme before that election came into force.9While an election remains in force in respect of a person, his service shall not be counted as service in computing the pension for which he is eligible under any judicial pension scheme.Lump sum on retirement or deathLump sum on retirement or death.31Where a resident magistrate on retirement becomes eligible for a pension, the Treasury may in addition grant to him a lump sum equal to twice the annual amount of that pension.2Where a serving resident magistrate dies who, if, at the time of his death, he had retired on the ground of permanent infirmity, would have become eligible under this Act for a pension, subject to sub-section (3) of section eighteen, the Treasury may grant to his representatives a lump sum equal to—atwice the annual amount of the pension for which he would have been so eligible; orbhis last annual salary;whichever is the greater.3Where—aa person to whom paragraph ( b) of sub-section (2) of section two applies dies after he has completed less than five years' service as a resident magistrate; andbhis aggregated service is not less than five years' service but less than ten years' service;the Treasury may grant to his representatives a lump sum equal to his last annual salary.4Where a resident magistrate on retirement becomes eligible for a pension but dies so soon after his retirement that the sums paid or payable to him on account of that pension when added to an amount equal to twice the annual amount of that pension fall short of the amount of the lump sum which would have been granted under sub-section (2) to his representatives if, at the time of his retirement from service as a resident magistrate, he had died while serving as a resident magistrate, the Treasury may grant to his representatives a lump sum equal to the deficiency.3AFor the purpose of the calculation of any lump sum under this Act, in respect of a person who is eligible for a pension for service in any judicial office, there shall be left out of account any period of service during which an election under section 2A was in force in respect of that person.<Addition ChangeId="d29p467" CommentaryRef="c16989111">Widows', surviving civil partners' and children's pensions</Addition><Addition ChangeId="d29p473" CommentaryRef="c16989191">Power to grant widows', surviving civil partners' and children's pensions</Addition>.41Subject to the provisions of this Act, on the death after the passing of this Act of a resident magistrate (in this Act referred to as “the deceased”) who—ahad become eligible for a pension; orbwas serving as a resident magistrate at the time of his death and would, if he had then retired on the ground of permanent infirmity, have become eligible for a pension;the Treasury may grant—iwhere he leaves a widow, a pension to that widow (in this Act referred to as a “widow's pension”);iawhere he leaves a surviving civil partner, a pension to that surviving civil partner (in this Act referred to as a “surviving civil partner's pension”); andiiwhere he had a wife or a civil partner at any time during his service as a resident magistrate, or, where he was a person to whom paragraph (b) of subsection (2) of section two applied, during his service as a resident magistrate or his service in whole-time employment to which the Superannuation Acts apply (whether or not the marriage or civil partnership continued until his death and whether or not a widow's pension or surviving civil partner's pension is or can be granted), a pension for the benefit of any relevant children (in this Act referred to as a “children's pension”).2In subsection (1)(ii), “relevant children” means—ain relation to a marriage, any children of the marriage, andbin relation to a civil partnership, any children of the family,
and in paragraph (b) “children of the family” is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995.4AFor the purpose of the calculation of any widow's , widower’s , surviving civil partner's or children's pension under this Act, in respect of a person who is eligible for a pension for service in any judicial office, there shall be left out of account any period of service during which an election under section 2A was in force in respect of that person.<Addition ChangeId="d29p569" CommentaryRef="c16989151">Widowers'</Addition><Addition ChangeId="d29p569" CommentaryRef="c16989151"><Addition ChangeId="d29p572" CommentaryRef="c16989331"> and surviving civil partners'</Addition></Addition><Addition ChangeId="d29p569" CommentaryRef="c16989151"> pensions.</Addition>4A1section 4 shall have effect in relation to the death of a female person who has, or has had, a husband or civil partner as it has effect in relation to the death of a male person who has, or has had, a wife or civil partner but as if—afor the words “widow”, “widow's pension” and “wife” there were substituted “widower”, “widower's pension” and “husband”;bfor the words “his” and “him” there were substituted “
her
”; andcfor the word “he” there were substituted “
she
”.2The transitional provisions set out in Part 1 of Schedule 2 to this Act shall effect in relation to widowers' pensions.3The transitional provisions set out in Part 2 of Schedule 2 shall have effect in relation to surviving civil partners' pensions.<Addition ChangeId="d29p644" CommentaryRef="c16989171"><Addition ChangeId="d29p646" CommentaryRef="c16989451">Widows', widowers' and surviving civil partners' pensions</Addition></Addition><Addition ChangeId="d29p644" CommentaryRef="c16989171">.</Addition>51No widow's, widower's or surviving civil partner's pension may be granted if the marriage or formation of the civil partnership with the deceased took place after he or she retired from relevant service.1AA surviving civil partner’s pension may not be granted in respect of a person’s service if—athe person retired from relevant service before 13th January 2020, andbpower to grant the pension relies on the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019.2A widow's, widower's or surviving civil partner's pension shall come to an end on the death of the widow, widower or surviving civil partner.3Where a widow's, widower's or surviving civil partner's pension is payable the Treasury may, on or at any time after —athe remarriage of, or formation of a civil partnership by, the widow or widower, orbthe formation of a subsequent civil partnership by, or the marriage of, the surviving civil partner,
direct that it shall cease to be payable.4Where such a direction has been given the Treasury may at any time direct that payment of the pension is to be resumed.5The annual amount of a widow's, widower's or surviving civil partner's pension may be one half of the annual amount of the personal pension.Children's pension: beneficiaries.61A children's pension may be granted if, and be paid so long as and whenever, there are persons for whose benefit it can enure.2Subject to the provisions of this section, the persons for whose benefit a children's pension can enure are any such children as are referred to in section four who are for the time being in their period of childhood and full-time education.3 A children's pension cannot enure for the benefit of any person conceived or adopted by the deceased after the end of his service as a resident magistrate.4A children's pension cannot enure for the benefit of a ... person who at the time of the death of the deceased was married or a person who at the time of the death of the deceased was a civil partner and if, after the death of the deceased, a ... person marries or a person forms a civil partnership, she or he shall thereupon cease to be a person for whose benefit a children's pension can enure.5A children's pension cannot enure for the benefit of any children of a resident magistrate who, by virtue of paragraph (c) of sub-section (5) of section nine, is not required to make any contribution towards the cost of the liabilities assumed under this Act for the benefit of his widow and children.Meaning of “period of childhood and full-time education”.71A person shall, subject to sub-section (2), be deemed for the purposes of section six to be in his period of childhood and full-time education while—ahe is under the age of sixteen; orbhe is receiving full-time instruction at any university, college, school or other educational establishment; orche is undergoing training by any person (in this Act referred to as “the employer”
) for any trade, profession or vocation in such circumstances that—ihe is required to devote the whole of his time to the training for a period of not less than two years; andiiwhile he is undergoing the training, the emoluments receivable by him, or payable by the employer in respect of him, do not exceed the maximum allowable remuneration, exclusive of any emoluments receivable or payable by way of return of any premium paid in respect of the training.2A person shall not be deemed for the purposes of this section to satisfy the conditions specified in paragraph ( b) or paragraph ( c) of sub-section (1) unless there has not up till then been any time since he attained the age of sixteen when he did not satisfy one or other of those conditions.3Any period of whole-time service in the armed forces of the Crown under the National Service Acts, 1948 to 1955, shall be ignored for the purposes of sub-section (2).4In sub-section (1) “emoluments” means any salary, fees, wages, perquisites or profits or gains whatsoever, and includes the value of free board, lodging or clothing, and, for the purposes of sub-paragraph (ii) of paragraph ( c) of that sub-section, where a premium has been paid in respect of the training of a person, all emoluments at any time receivable by him, or payable by the employer in respect of him, shall be deemed to be receivable or payable by way of return of the premium, unless and except to the extent that the amount thereof exceeds in the aggregate the amount of the premium.4AFor the purposes of subsection (1)(c)(ii), the "maximum allowable remuneration" at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year—afirst awarded under the principal civil service pension scheme (within the meaning of that Act) on 1st June 1972, andbincreased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 to such a pension,would (as so increased) be payable at that time, rounding any resulting fraction of £1 up to the next whole £1.5As respects any period during which neither of the conditions specified in paragraphs (b) and (c) of sub-section (1) is satisfied in relation to a person, the Treasury may, if it thinks fit, and is satisfied that a person's full-time education ought not to be regarded as completed, direct—athat that period shall be ignored for the purposes of sub-section (2); orbthat that period shall be so ignored and shall also be treated as part of his period of childhood and full-time education for all the other purposes of section six.Children's pension: rate and mode of payment.8 1Only one children's pension shall be granted in respect of the service of any one person, but—athe rate thereof may vary according to the number of persons for whose benefit it can for the time being enure; andbit shall be paid to such person or persons as the Treasury may from time to time direct, and different parts thereof may be directed to be paid to different persons; andcthe person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as the Ministry of Finance from time to time directs.2Where the deceased leaves no widow, widower or surviving civil partner and, if he or she leaves a widow, widower or surviving civil partner, after his or her death, the annual amount of a children's pension—awhile the persons for whose benefit it can enure are three or more in number, may amount to one-third of the annual amount of the personal pension;bwhile those persons are two in number, may amount to one-quarter of the annual amount of the personal pension;cwhile there is only one such person, may amount to one-sixth of the annual amount of the personal pension.3Subject to sub-section (4), where the deceased leaves a widow, widower or surviving civil partner, the annual amount of a children's pension during her or his life—awhile the persons for whose benefit it can enure are four or more in number, may amount to one-third of the annual amount of the personal pension;bwhile those persons are three in number, may amount to one-quarter of the annual amount of the personal pension;cwhile those persons are two in number, may amount to one-sixth of the annual amount of the personal pension;dwhile there is only one such person, may amount to one-twelfth of the annual amount of the personal pension.4Notwithstanding anything in this section, where the deceasedaleaves a widow or widower who remarries or forms a civil partnership, orbleaves a surviving civil partner who forms a subsequent civil partnership or marries,
a children's pension shall not be payable as respects any period when she has a husband or civil partner or he has a wife or civil partner unless the Treasury specially directs that such a pension shall be so payable, but, if the Treasury does specially so direct, it may, if it thinks fit, further direct that sub-section (2) shall apply as respects any such period notwithstanding that the widow, widower or surviving civil partner is alive.Contributions<Addition ChangeId="d29p1055" CommentaryRef="c22514781">Contributions towards cost of pension <Abbreviation Expansion="Et cetera" xml:lang="la">etc</Abbreviation></Addition>8A1The Lord Chancellor may, by regulations made with the consent of the Treasury, make provision for and in connection with requiring contributions to be made towards the cost of the liability for relevant benefits.2The prescribed contributions are to be—amade by the person to or in respect of whom the relevant benefits are to be, or may be, provided;bmade for the person's period of relevant service;cin the form of deductions from the salary payable for that service.3But no contribution is to be made by a person—afor any period of service during which an election under section 2A is in force in respect of the person;bfor any period of service after the person has completed, in the aggregate, 20 years' relevant service;cfor any other prescribed period of service;din any prescribed circumstances.4For the purposes of subsection (3)(b), it does not matter whether the person's relevant service was service before or after the commencement of paragraph 1 of Schedule 5 to the Pensions Act 2011 (but no contribution is to be made for a person's service before that commencement).5In this section—“prescribed” means specified in, or determined in accordance with, regulations;“relevant benefits” means—a pension under section 2;a lump sum under section 3;“relevant service” means service as a district judge (magistrates' courts) in Northern Ireland.6Regulations under this section may make provision for consequential, transitional and incidental matters.7Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.Contribution towards cost of widow's and children's pension.91A contribution towards the cost of the liabilities assumed under this Act for the the benefit of a resident magistrate's widow widower and children shall be made, taking the form of a reduction in the lump sum which may be granted under this Act.1ANo contribution shall be made by a person under sub‐section (1) for any period of service during which an election under section 2A is in force in respect of that person.2The amount of the contribution shall, subject to sub-sections (3) and (4), be equal to the annual amount of the personal pension.3Where a resident magistrate (not being a person to whom paragraph (b) of sub-section (2) of section two applies) last had a wife or a husband at a time before the end of his or her service (leaving out of account any marriage after the end of that service) the amount of the contribution shall be the annual amount of the personal pension—amultiplied by the number of years of his or her service completed before that time; andbdivided by the number of years of his or her service completed in all.4Where a resident magistrate (being a person to whom paragraph (b) of sub-section (2) of section two applies) last had a wife or a husband at a time before the end of his or her service as a resident magistrate or of his or her service in whole-time employment to which the Superannuation Acts apply (leaving out of account any marriage after the end of his or her service as a resident magistrate), the amount of the contribution shall be the annual amount of the personal pension—amultiplied by the number of years of his or her aggregated service completed before that time; andbdivided by the number of years of his or her aggregated service completed in all.5A contribution shall not be made—ain the case of a person (not being a person to whom paragraph (b) of sub-section (2) of section two applies) who had not a wife or a husband at any time during his or her service as a resident magistrate; orbin the case of a person (being a person to whom paragraph (b) of sub-section (2) of section two applies) who had not a wife or a husband at any time during his or her service as a resident magistrate or his or her service in whole-time employment to which the Superannuation Acts apply; orcin the case of a person (being a person to whom paragraph (b) of sub-section (2) of section two applies) who—iwas not a participant in the Widows' and Children's Pension Scheme established under the Superannuation Act (Northern Ireland), 1949 ; andiilast had a wife or a husband at a time before his or her appointment as a resident magistrate.5AThe foregoing provisions of this section shall not apply in the case of a man continuing to serve after 17th April 1973 unless, in pursuance of regulations made under Schedule 3 to the Administration of Justice Act 1973 , he elects that this Act shall apply to him as if that Schedule had not been passed.]<Addition ChangeId="d29p1380" CommentaryRef="c20321921">Voluntary contributions.</Addition>9A1The Lord Chancellor shall by regulations, made with the consent of the Treasury, make provisionaentitling any member of a judicial pension scheme constituted by this Act to make voluntary contributions towards the cost of the provision of additional benefits whether under the scheme or otherwise; orbimposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a)) which he may have to make any such voluntary contributions.1AThe regulations may make provision for the purpose of imposing, in a case where a member makes voluntary contributions, upper limits with respect to—athe aggregate value of the aggregable benefits which may be paid to or in respect of any such member; andbthe amount which any such member may pay by way of such contributions;and, without prejudice to the generality of paragraph (b), the regulations may in particular, impose such an upper limit on the amount which a member may pay by way of voluntary contributions as will, so far as reasonably practicable, secure that the aggregate value referred to in paragraph (a) will not exceed the limit prescribed under that paragraph.1BThe regulations may—aprescribe the manner in which aggregable benefits are to be valued for the purpose of any such aggregation as is mentioned in subsection (1A);bconfer on the administrators of a judicial pension scheme power to require a member who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;cpermit the disclosure by those administrators of any information which they may obtain concerning any such retained benefits—ito, or to any officers of, the Commissioners of Inland Revenue; oriito, or to any servants or agents of, any autorised provider who is, or may be, concerned in the investment of the voluntary contributions or the provision of the additional benefits in question.2The regulations—amay not prohibit the payment of voluntary contributions;bmay not impose any limit on the amount which any member may pay by way of voluntary contributions other than. . . —isuch upper limit as may be imposed by virtue of subsection (1A)(b); . . . ii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cmust secure that any voluntary contributions paid by a member of a scheme are used to provide prescribed additional benefits for or in respect of him; anddmust secure that the value of such additional benefits is reasonable, having regard to—ithe mount paid by way of voluntary contributions;iithe value of the other benefits provided under the scheme; andiiithe general value of benefits available to a person under any contract of life insurance entered into by him with an insurer;but paragraphs (c) and (d) have effect only in relation to a voluntary contributions scheme constituted by or under this Act.3The regulations may, in particular—aprovide that the value of additional benefits offered on payment of voluntary contributions shall be determined in accordance with prescribed rules based on tables prepared for the purposes of the regulations by the Government Actuary;. . . bprescribe the manner in which it is to be determined in any case whether the amount of a person's contributions exceed any such limit as is mentioned in subsection (2)(b).cprovide for any administrative expenses incurred by any person by virtue of this section to be defrayed out of sums received by way of voluntary contributions;dprovide for the manner in which voluntary contributions are to be made;emake provision for, and in connection with, the valuation of a person's accrued rights—iunder any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, oriiunder any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme;fprescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;gmake provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;hprovide for the terms on which a person may terminate his membership of a voluntary contributions scheme;iprovide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;jspecify any authorised providers—iwho are to invest any prescribed voluntary contributions, oriiwho are to provide any prescribed additional benefits, and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers.Subs. (4) rep. by 1993 c. 84AThe regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed—ato be charged on, and paid out of, the Consolidated Fund of the United Kingdom; orbto be paid out of money provided by the Parliament of the United Kingdom.5Regulations made under this section may make provision for consequential and incidental matters, including, in particular, consequential provision as to any statutory provision referring to or relating to lump sums payable under this Act.6Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.7In this section—“administrators”, in relation to any scheme, means the persons entrusted with the administration of that scheme;“aggregable benefits” means—any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1);such additional benefits so mentioned as may be prescribed; andsuch retained benefits as may be prescribed;“authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means—a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to invest such sums or, as the case may be, to provide that benefit;an EEA firm of a kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit and which satisfies the conditions applicable to it which are specified in subsection (7B), (7C) or (7D); oran EEA firm of a kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit.“employment” has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993 (and accordingly includes employment as a self‐employed earner, within the meaning of section 2 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;“insurer” means—a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance;an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance;“judicial pension scheme” means a scheme constituted by this Act;“member” means member of a judicial pension scheme;“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes (Northern Ireland) Act 1993;“personal pension scheme” has the meaning given by section 1 of the Pension Schemes (Northern Ireland) Act 1993;“prescribed” means specified in, or determined in accordance with, the regulations;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“retained benefits”, in the case of any person, means any rights retained by him to . . . benefits under any occupational or personal pension scheme which is registered under Part 4 of the Finance Act 2004, being rights which accrued during some previous employment;“surplus funds”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b);. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“voluntary contributions”, in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;“voluntary contributions scheme” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) are, or are to be, provided;and, where a person's voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.7AIn subsection (7), the definitions of “authorised provider” and “insurer” must be read with—asection 22 of the Financial Services and Markets Act 2000;bany relevant order under that section; andcSchedule 2 to that Act.7BIf the EEA firm concerned is of the kind mentioned in paragraph 5(a) of Schedule 3 to the Financial Services and Markets Act 2000, the conditions are—athat, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on a service falling within section A or B of Annex I to the Markets in Financial Instruments Directive; andbthat the firm is authorised by its home state authorisation to carry on that service.7CIf the EEA firm concerned is of the kind mentioned in paragraph 5(b) of that Schedule, the conditions are—athat, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive; andbthat the activity in question is one in relation to which an authority in the firm's home State has regulatory functions.7DIf the EEA firm concerned is of the kind mentioned in paragraph 5(c) of that Schedule, the conditions are—athat, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive;bthat the activity in question is one in relation to which an authority in the firm's home State has regulatory functions; andcthat the firm also carries on the activity in question in its home State.7EExpressions used in subsections (7B) to (7D) which are also used in Schedule 3 to the Financial Services and Markets Act 2000 have the same meaning in those subsections as they have in that Schedule.8Without prejudice to subsections (3)(c) and (d) and (4A), there may be paid out of money provided by the Parliament of the United Kingdom—aany sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; orbany administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.9Any sums received under this section may be paid into the Consolidated Fund of the United Kingdom.Special casesResident magistrates serving again after retirement.10Where any person after retirement from service as a resident magistrate resumes. . . service, that retirement shall be left out of account for all the purposes of this Act except that—aif a lump sum was granted on that retirement without any contribution by virtue of section 9 being made, then unless that person, on resumption of. . . service as a resident magistrate or within three months of. . . marrying or forming a civil partnership while again serving as a resident magistrate, refunds by way of contribution one-half of the lump sum, a pension shall not be granted to any widow, widower, surviving civil partner or child of that person; andbany lump sum granted on that retirement, less any refund, shall be set off against any lump sum subsequently granted in respect of that person's service.Resident magistrates already serving.11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .General and financialAllocation of part of pension to dependants.121The Treasury may make rules for securing that, in such circumstances and subject to such conditions as to proof of good health and other matters as may be specified in the rules, a retiring resident magistrate who retires from office otherwise than on the ground of ill-health, after the passing of this Act, shall be allowed to surrender, as from the date of his retirement, in return for the benefits allowed under the rules such part, not exceeding one-third of his personal pension, as may be specified in the rules, and for enabling the Treasury to grant to the spouse or civil partner or to a dependant of the retiring resident magistrate a pension of such value as, according to tables to be prepared from time to time by the Treasury, is actuarially equivalent, at that date, to the value of that part of the personal pension which is surrendered.2Any such pension as aforesaid for the benefit of a dependant (not being a spouse or civil partner ) of a retiring resident magistrate shall be payable in respect of the period, if any, for which the dependant survives the resident magistrate, and any such pension as aforesaid for the benefit of the spouse or civil partner of a resident magistrate shall, according as the resident magistrate may, in conformity with the rules under this section, elect, be payable—ain respect of the period, if any, for which the spouse or civil partner survives the resident magistrate; orbin respect both of the period of their joint lives subsequent to the retirement and of the period, if any, for which the spouse or civil partner survives the resident magistrate;and the rules may provide that a pension payable thereunder in respect of the periods mentioned in paragraph (b) shall be paid at one rate in respect of the first of those periods and at a higher rate in respect of the second.3If a resident magistrate has, in accordance with rules made under this section, surrendered part of his pension, any lump sum or widow's , widower’s, surviving civil partner’s or children's pension payable under this Act apart from this section shall be calculated as if that surrender had not been made.3ARules under this section, or section 13, may make different provision for different purposes.4Rules made under this section shall be subject to negative resolution.Allocation by certain retired resident magistrates of part of their pensions to their wives.131The Treasury may make rules for securing that, in such circumstances and subject to such conditions as to proof of good health and other matters as may be specified in the rules, a retired resident magistrate under the age of seventy who has retired from office (otherwise than on the ground of ill-health) after the passing of this Act, and who has married or formed a civil partnership since his retirement shall, subject to sub-section (2), be allowed to surrender, as from the date of his marriage or of the formation of the civil partnership , in return for the benefits allowed under the rules such part of his personal pension as may be specified in the rules, and for enabling the Treasury to grant to his spouse or civil partner a pension of such value as, according to tables prepared from time to time by the Treasury, is actuarially equivalent, at that date, to the value of that part of the personal pension which is surrendered.2The part of a personal pension surrendered by a person under this section, together with any part thereof surrendered under section twelve, shall not exceed one-third of that pension.3Sub-sections (2) and (3) of section twelve, so far as they apply to surrenders made for the benefit of spouses and civil partners and pensions granted to spouses and civil partners , shall apply also to surrenders under this section and pensions granted by virtue thereof, but as if any reference to the date of retirement was a reference to the date of the marriage or of the formation of the civil partnership .4Rules made under this section shall be subject to negative resolution.S. 14 rep. by 1993 c. 8
<Addition ChangeId="d29p2121" CommentaryRef="c16991061">Effect of certain nullity decrees</Addition>15Where a marriage or civil partnership which is voidable, but not void from the beginning, is annulled by any court, the same results shall follow under this Part as would have followed if the marriage or the civil partnership had not been voidable but had been dissolved at the date of the annulment.Evidence as to health.161Subject to sub-sections (2) to (4), a person about to be appointed a resident magistrate shall, before being so appointed, furnish to the Minister satisfactory evidence that his health is suitable for the discharge of the duties of that office.2A person about to be appointed a resident magistrate may elect that he shall not, before being so appointed, furnish evidence as to his health, and where a person is appointed as a resident magistrate after having made such an election, then, subject to sub-section (3), as respects him, the specified provisions shall not have effect until he has completed ten years' service.3Where the Minister is satisfied that the health of a resident magistrate who has made an election under sub-section (2) has throughout his service been such that it has enabled him duly to discharge the duties of his office, the Minister may, after the completion of ten years' service by that resident magistrate, direct that the specified provisions shall have effect as if he had not made that election.4A resident magistrate who has made an election under sub-section (2) may at any time during his tenure of office furnish to the Minister satisfactory evidence that his health is suitable for the discharge of the duties of his office, and the Minister may thereupon direct that for the purposes of the specified provisions that resident magistrate shall be treated as if he had not made that election.5In this section “the specified provisions” means sub-sections (1) and (2) of section two, sections three to ten and section twelve.Application of Superannuation Acts.171The Superannuation Acts shall not apply to—aresident magistrates appointed after the passing of this Act;bresident magistrates who have elected under section eleven that this Act shall apply to them;and, accordingly, sub-section (5) (except paragraph (b)) of section six of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935 (which applies the Superannuation Acts to resident magistrates), is hereby repealed in so far as it applies to any such resident magistrates.2Where a person appointed as a resident magistrate is a person referred to in paragraph (b) of sub-section (6) of section two, the Superannuation Acts shall cease to apply to him and, accordingly, the Treasury shall not grant any superannuation benefits under those Acts in respect of his service in whole-time employment to which those Acts apply.Persons receiving other superannuation benefits.181Where a person (other than a person referred to in paragraph (b) of sub-section (6) of section two) appointed as a resident magistrate has received or become eligible for any superannuation benefits under the Superannuation Acts, he may be treated, for the purposes of this Act, as a person to whom paragraph (b) of sub-section (2) of section two applies if, at the time of his appointment as a resident magistrate or within three months thereof—ahe pays to the Treasuryian amount equal to the lump sum or gratuity, if any, granted to him under the Superannuation Acts; andiian amount equal to the sums, if any, paid to him under those Acts in respect of his pension for the period after the time of his appointment as a resident magistrate; andbhe releases, in such manner as the Treasury may approve, any superannuation benefits payable to or in respect of him under those Acts.2Where at the time of his retirement from the office of resident magistrate, a resident magistrate is receiving any superannuation allowances under the Superannuation Acts or the Superannuation Acts, 1834 to 1950, and the aggregate of—athe annual amounts of those allowances; andbthe annual amount of the pension for which, but for this sub-section, he would be eligible under this Act;exceeds the greatest of the following amounts, that is to say—one-half of his retiring salary as a resident magistrate; orone-half of his retiring salary in the employment by virtue of which he became eligible for an allowance under the Superannuation Acts; orone-half of his retiring salary in the employment by virtue of which he became eligible for an allowance under the Superannuation Acts, 1834 to 1950;his pension under this Act shall be abated by the amount of the excess.3Where a resident magistrate has received any lump sum—aunder the Superannuation Acts; orbunder the Superannuation Acts, 1834 to 1950;and he has not paid to the Treasury an amount equal to the lump sum paid to him under the Superannuation Acts, the amount of the lump sum, if any, granted under sub-section (2) of section three to his representatives shall be equal to—itwice the annual amount of the pension for which he would have been eligible if, at the time of his death, he had retired on the ground of permanent infirmity; oriithe amount, if any, by which his last annual salary exceeds the lump sum received by him under the Superannuation Acts or the Superannuation Acts, 1834 to 1950;whichever is the greater.4In this section “retiring salary” in relation to any employment to which the Superannuation Acts or the Superannuation Acts, 1834 to 1950, apply, means the amount of the average salary payable to a person during the three years immediately preceding the date of his retirement from that employment.Reckoning of unestablished service.19For the purposes of reckoning a person's service in relation to any provision of this Act, service in an unestablished capacity in whole-time employment to which the Superannuation Acts apply shall be taken into account only as to one-half of the period thereof in so far as that service was rendered before the eleventh day of August, ninteen hundred and forty-nine.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="c16991301"/>
Construction of certain superannuation enactments.201It is hereby declared that for the purposes of section twenty of the Superannuation Act, 1834, the office of resident magistrate is an office in a public department within the meaning of that section.Subs. (2) spentFinancial provisions.211All sums payable under this Act shall be [ charged on and paid out of the Consolidated Fund of the United Kingdom].2Any refund of a lump sum or any part thereof shall be paid into the [ Consolidated Fund of the United Kingdom].<Addition ChangeId="d29p2403" CommentaryRef="c16991081">Appeals.</Addition>21A1If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning—athe interpretation of the rules of the scheme, orbthe exercise of any discretion under the scheme,he shall have a right of appeal to the Lord Chancellor against that decision.2On deciding an appeal under this section, the Lord Chancellor may give to the administrators such directions as he considers necessary or expedient for implementing his decision.3The persons to whom this section applies are the following—aany member of the scheme;bthe widow, widower or surviving civil partner, or any surviving dependant, of a deceased member of the scheme;cwhere the decision relates to the question—iwhether a person who claims to be such a person as is mentioned in paragraph (a) or (b) is such a person, oriiwhether a person who claims to be entitled to become a member of the scheme is so entitled,the person so claiming.4The Lord Chancellor may by regulations make provision as to the manner in which, and time within which, appeals under this section are to be brought.5Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.6The administrators shall be entitled to appear and be heard on any appeal under this section.7In this section—“the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;“member”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;“relevant pension scheme” means any pension scheme constituted under or by virtue of this Act;“rules”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made this Act, so far as relating to that scheme.Interpretation.221In this Act—“aggregated service” has the meaning assigned to it by section two;“Minister” and “Ministry” have the meanings respectively assigned to them by section two;“personal pension” in relation to a resident magistrate or to the widow, widower or surviving civil partner or children of a deceased resident magistrate, means the pension payable under this Act to that resident magistrate or for which he would have been eligible had he retired on the date of his death;“resident magistrate” means (except in section one)—any resident magistrate appointed after the passing of this Act;any resident magistrate who elects, pursuant to section eleven, that this Act shall apply to him;“retiring salary” means the amount of the … salary (excluding sums payable by way of additional salary under sub-section (1) of section one of the Resident Magistrates (Belfast) Act, 1911) payable to a resident magistrate [ immediately before his retirement];“Superannuation Acts” means the Superannuation Acts (Northern Ireland), 1921 to 1958, and includes any enactments thereby applied to the civil service of Northern Ireland.Subs. (2) rep. by 1987 NI 22Short title.231This Act may be cited as the resident Magistrates' Pensions Act (Northern Ireland), 1960.Subs. (2) rep. by SLR 19731949 c.131949 c.441973 c.151935 c.131993 c. 81991 NI 24Now Lord Chancellor, SI 1978/21631993 c. 8To be construed as a ref. to Lord Chancellor, SI 1973/21631967 c.24; the allowance would now arise under a scheme made under 1972 NI 10S. 2(7)(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 14; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)SR 1989/100SR 2003/4821991 NI 24SR 1989/100SI 2005/33251991 NI 24SR 1989/100SI 2005/33251991 NI 24SI 2005/33251991 NI 24SI 2005/3325Mod., 1966 c. 27 (NI)SI 2005/33251993 c. 81991 NI 24Children's pensions increased, 1973 c. 151991 NI 24SI 2005/3325SI 2005/3325Contributions increased for higher pensions, 1973 c. 151991 NI 24SR 1989/100SR 1974/1781991 NI 241993 c. 8Words in s. 9A(2)(b) omitted (6.4.2006) by virtue of the Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 7, Sch. para. 4(a)S. 9A(2)(b)(ii) and preceding word omitted (6.4.2006) by virtue of the Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 7, Sch. para. 4(a)SI 2001/36491993 c. 49Definition of "relevant benefits" in s. 9A(7) omitted (6.4.2006) by virtue of the Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 7, Sch. para. 4(b)(i)Word in s. 9A(7) omitted (6.4.2006) by virtue of the Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 7, Sch. para. 4(b)(ii)Words in s. 9A(7) substituted (6.4.2006) by the Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 7, Sch. para. 4(b)(ii)Definitions of "tax-exemption" and "tax-approval" in s. 9A(7) omitted (6.4.2006) by virtue of the Taxation of Judicial Pensions (Consequential Provisions) Order 2006 (S.I. 2006/497), art. 7, Sch. para. 4(b)(iii)Words in s. 9A(7B)(a) substituted (1.4.2007 for certain purposes, otherwise 1.11.2007) by Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 (S.I. 2007/126), regs. 1(2), 3(6), Sch. 6 para. 3S. 8A inserted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 34(2), 38(4), Sch. 5 para. 1(2); S.I. 2011/3034, art. 3(g)(j)1991 NI 24Words in s. 10(a) inserted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 34(2), 38(4), Sch. 5 para. 1(3); S.I. 2011/3034, art. 3(g)(j)SI 2005/3325S. 11 repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 146, 148(1), Sch. 5 para. 15, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 12(a), 30(c)1991 NI 241991 NI 24SI 2005/33251991 NI 241991 NI 24prosp. inserted by 1991 NI 241967 c. 24 (NI), see now ss. 38, 39 of that ActSI 1973/21631993 c. 8SI 2005/3325SI 2005/33251973 c. 151973 c. 15Act may be cited (2.6.2008) as the District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960 by District Judge (Magistrates' Courts) Order (Northern Ireland) 2008 (S.R. 2008/154), art. 3(2)Words in s. 9A(7) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 142 (with Sch. 20); S.I. 2013/423, art. 3, Sch.S. 2(1B) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 2 (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(b)Word in s. 6(4) omitted (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(4) (with regs. 6-9, 56(5))S. 5(1A) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(3) (with regs. 6-9)Words in s. 12(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(6)(a) (with regs. 6-9)Words in s. 12(2) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(6)(a) (with regs. 6-9)Words in s. 12(3) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(6)(b) (with regs. 6-9)S. 12(3A) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(6)(c) (with regs. 6-9)Words in s. 13(1) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(a)(i) (with regs. 6-9)Words in s. 13(1) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(a)(ii) (with regs. 6-9)Words in s. 13(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(a)(iii) (with regs. 6-9)Words in s. 13(3) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(b)(i) (with regs. 6-9)Words in s. 13(3) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(b)(ii) (with regs. 6-9)Word in s. 4A inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(2) (with regs. 6-9)Word in s. 1 substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 8 (with Sch. 1 para. 43)