Lands Tribunal and Compensation Act (Northern Ireland) 1964

[F12A

(1)The provisions regulating the amounts which may be received by way of superannuation under an order made under subsection (5) of section 2 are to take effect subject to the modifications contained in this section.

(2)In this section—

  • “election” means an election made under subsection (3);

  • “judicial office” means office as the President or other member of the Lands Tribunal appointed under section 1;

  • “judicial pension scheme” means an occupational pension scheme constituted by an order made under subsection (5) of section 2 to provide a personal pension, lump sum or any widow's [F2, widower’s, surviving civil partner’s] or children's pension to a person in judicial office and his widow [F3, or widower or surviving civil partner,] and children; and “relevant judical pension scheme” has a corresponding meaning;

  • Definition rep. by SR 2003/483

(3)A person who is elegible for a pension in judicial office shall while in that office—

(a)be deemed to be a member of the relevant judicial pension scheme except during such time as an election is in force in respect of him; and

[F4(b)be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the relevant judicial pension scheme, to take effect on a date not less than one month after the date on which it was served.]

(4)At any time after a person has made an election and while he continues to hold judicial office—

(a)he may make a written application to the Lord Chancellor requesting admission to membership of the judicial pension scheme relevant to the judicial office which he holds;

(b)the Lord Chancellor may, if satisfied that the applicant is in good health, admit him to the relevant judicial pension scheme on a date not less than three months after the date on which the application was served; and

(c)upon the date of the applicant's admission to the relevant judicial pension scheme, his election shall cease to be in force.

(5)An applicant under subsection (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.

(6)The Lord Chancellor shall notify an applicant under subsection (4) of his decision in writing within three months after the date on which the application was served.

(7)Subject to the provisions of subsection (4), an election shall be irrevocable and an election shall not cease to be in force by reason only of a person becoming the holder of a judicial office different from the one which he held when he made the election.

(8)An election shall not affect its maker's eligibility for a pension which accrued under any judicial pension scheme before that election came into force.

(9)While an election remains in force in respect of a person—

(a)his service shall not be counted for the purpose of determining the allowances and gratuities payable to or in respect of him; and

(b)no contribution shall be made by him towards the cost of a widow's [F5, or widower’s or surviving civil partner’s,] and children's pension,

under or by virtue of the judicial pension scheme.]

F1SR 1989/124

F4SR 2003/483