(1)A Social Security Commissioner may on the recommendation of [F1the Lord Chancellor] be granted a pension—
(a)if he retires after 15 years service and at the time of his retirement he has attained the age of 65, or
(b)if at the time of his retirement he has attained the age of 72, or
(c)if [F1the Lord Chancellor] is satisfied by means of a medical certificate that at the time of his retirement, by reason of infirmity of mind or body, he is incapable of discharging the duties of his office and that the incapacity is likely to be permanent.
[F2(1A)In a case that falls within subsection (1)(c), the Lord Chancellor must consult—
(a)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Lord President of the Court of Session before making a recommendation in relation to a Commissioner who holds office in Scotland;
(c)the Lord Chief Justice of Northern Ireland before making a recommendation in relation to a Commissioner who holds office in Northern Ireland.]
(2)The annual rate of a pension payable under this section to a person retiring after not less than 15 years service shall not exceed one half of his last annual salary.
(3)The annual rate of a pension payable under this section to a person retiring after less than 15 years service shall not exceed—
(a)if the period of service does not amount to 5 years, 6/40ths of his last annual salary,
(b)if the period of service amounts to 5 years or more, one quarter of his last annual salary plus 1/40th for each completed year of service exceeding 5.
(4)For the purposes of the preceding subsections—
(a)service as Commissioner which is not remunerated by means of a salary shall be disregarded,
(b)[F4the Treasury] may by regulations provide for counting as service as Commissioner pensionable service in any other capacity under the Crown.
(5)Regulations under subsection (4)(b) above shall be made by statutory instrument.
[F5(7)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
(9)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]
Textual Amendments
F1Words substituted by S.I. 1984/1818, arts. 2, 3
F2S. 13(1A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 113(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F3S. 13(1A)(a)(7) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I, 2008/2833), art. 9(1), {Sch. 3 para. 37}
F4Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(a)
F5S. 13(7)-(9) inserted (3.4.2006) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 113(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
Modifications etc. (not altering text)
C1S. 13 excluded (E.W.S.) (1.7.1992) by Social Security Administration Act 1992 (c. 5), 41, 43, 50-52, 192(4), Sch. 2 para. 1(6);
S. 13 excluded (E.W.S.) (at different dates for specified purposes) by 1998 c. 14, s. 14(12), Sch. 4 para. 4(2); S.I. 1999/1958, art. 2, Sch. 1 (as amended by S.I. 1999/3178, art. 3(20), Sch. 20); S.I. 1999/2422, art. 2, Sch. 1 (subject to transitional provisions in Sch. 14)(as amended by S.I. 1999/3178, art. 3(20), Sch. 20); S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2); S.I. 1999/2860, art. 2, Sch. 1 (subject to transitional provisions in Schs. 16-18)(as amended by S.I. 1999/3178, art. 3(20), Sch. 20); S.I. 1999/3178, art. 2, Sch. 1 (subject to transitional provisions in Schs. 21-23)