Resident Magistrates' Pensions Act (Northern Ireland) 1960

9 Contribution towards cost of widow's and children's pension. N.I.

F1 (1) A contribution towards the cost of the liabilities assumed under this Act for the the benefit of a resident magistrate's widow[F2 widower] and children shall be made, taking the form of a reduction in the lump sum which may be granted under this Act.

[F3 (1A) No 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.]

(2) The amount of the contribution shall, subject to sub-sections (3) and (4), be equal to the annual amount of the personal pension.

(3) Where a resident magistrate (not being a person to whom paragraph (b) of sub-section (2) of section two applies) last had a wife[F2 or a husband] at a time before the end of his[F2 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—

(a) multiplied by the number of years of his[F2 or her] service completed before that time; and

(b) divided by the number of years of his[F2 or her] service completed in all.

(4) Where a resident magistrate (being a person to whom paragraph (b) of sub-section (2) of section two applies) last had a wife[F2 or a husband] at a time before the end of his[F2 or her] service as a resident magistrate or of his[F2 or her] service in whole-time employment to which the Superannuation Acts apply (leaving out of account any marriage after the end of his[F2 or her] service as a resident magistrate), the amount of the contribution shall be the annual amount of the personal pension—

(a) multiplied by the number of years of his[F2 or her] aggregated service completed before that time; and

(b) divided by the number of years of his[F2 or her] aggregated service completed in all.

(5) A contribution shall not be made—

(a) in the case of a[F2 person] (not being a person to whom paragraph (b) of sub-section (2) of section two applies) who had not a wife[F2 or a husband] at any time during his[F2 or her] service as a resident magistrate; or

(b) in the case of a[F2 person] (being a person to whom paragraph (b) of sub-section (2) of section two applies) who had not a wife[F2 or a husband] at any time during his[F2 or her] service as a resident magistrate or his[F2 or her] service in whole-time employment to which the Superannuation Acts apply; or

(c) in the case of a[F2 person] (being a person to whom paragraph (b) of sub-section (2) of section two applies) who—

(i) was not a participant in the Widows' and Children's Pension Scheme established under the Superannuation Act (Northern Ireland), 1949 [1949 c.44] ; and

(ii) last had a wife[F2 or a husband] at a time before his[F2 or her] appointment as a resident magistrate.

F4 [(5A) The 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 [1973 c.15] , he elects that this Act shall apply to him as if that Schedule had not been passed.]

F1 Contributions increased for higher pensions, 1973 c. 15

F2 1991 NI 24

F3 SR 1989/100

F4 SR 1974/178