Judicial Pensions and Retirement Act 1993 (c. 8)

Part II U.K. Miscellaneous, General and Supplementary Provisions

Miscellaneous and supplementary provisions U.K.

30 Interpretation. U.K.

(1) In this Act—

• “the 1981 Act” means the M1 Judicial Pensions Act 1981;

• “actuarially reduced” has the meaning given by section 2(7)(e) above;

• “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;

• “appropriate annual rate”, in relation to a judicial pension, shall be construed in accordance with section 3 above;

• “the appropriate Minister” means—

  (a)

  in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or

  (b)

  subject to paragraph (a) above, the Lord Chancellor;

• “children’s pension” has the meaning given by section 6 above;

• “commence to be paid”, in relation to any judicial pension, shall be construed in accordance with section 2(7)(d) above;

• “the deceased”, in connection with any surviving spouse’s [F1 , surviving civil partner's] or children’s pension, shall be construed in accordance with section 5 or 6 above, as the case may be;

• “derivative benefit” means a lump sum under section 4 above or a surviving spouse’s [F2 , surviving civil partner's] or children’s pension;

• “eligible children”, in relation to the deceased, shall be construed in accordance with section 6 above;

• “judicial pension” means a pension under section 2 above;

• “judicial pension scheme” means any public service pension scheme, as defined in—

  (a)

  [F3 section 1 of the Pension Schemes Act 1993], or

  (b)

  [F4 section 1 of the Pension Schemes (Northern Ireland) Act 1993],

  under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices (whether or not in respect of service in such offices alone);

• “pensionable pay” has the meaning given by section 3(3) above;

• “pension-capped salary” has the meaning given by section 3(3) above;

• “the principal civil service pension scheme” means a scheme made under section 1 of the M2 Superannuation Act 1972 which is the principal civil service pension scheme within the meaning of section 2 of that Act;

• “the principal civil service pension scheme for the civil service of Northern Ireland” means a scheme made under Article 3 of the M3 Superannuation (Northern Ireland) Order 1972 which is the principal civil service pension scheme within the meaning of Article 4 of that Order;

• “qualifying judicial office” has the meaning given by section 1(6) above;

• “serve” and “service”, in relation to qualifying judicial office, shall be construed in accordance with section 1(6) above;

• “stipendiary magistrate”, in England and Wales, includes a metropolitan stipendiary magistrate;

• [F5 “surviving civil partner's pension” has the meaning given by section 5 above; ]

• “surviving spouse’s pension” has the meaning given by section 5 above.

[F6 (1A) For the purposes of section 26(12)(f), (16) and (17), and the related entry in Schedule 5, “Scottish Tribunals” or “President of Tribunals” is to be construed in accordance with the Tribunals (Scotland) Act 2014.]

(2) In the case of a person who has retired from qualifying judicial office on more than one occasion, references in this Act to his retirement from such office are references to the last of those occasions.

(3) For the purposes of this Act, a person shall be regarded as vacating, or retiring from, an office at the end of the last day of his service in that office.

(4) Any reference in this Act to a pension or lump sum, or any salary or other money, being paid or payable to a person includes a reference to its being paid or payable for him.

(5) In determining for any purpose of this Act the accrued rights of a person under a judicial pension scheme which confers a power (but does not expressly impose a duty) to pay a pension or other benefit under the scheme, it shall be assumed that there is a duty to exercise the power (and to do so in such a way as will provide the greatest pension or other benefit authorised to be paid).

(6) Where a calculation falls to be performed under this Act, any resulting fraction of £1 shall be rounded up to the next whole £1.

Textual Amendments

F1 S. 30(1): words in definition of "the deceased" inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 76(2)(a)

F2 S. 30(1): words in definition of "derivative benefit" inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 76(2)(b)

F3 Words in s. 30(1) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 46(4) (with s. 6(8)); S.I. 1994/86, art. 2

F4 Words in s. 30(1) substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 43(4); S.R. 1994/17, art. 2

F5 S. 30(1): definition of "surviving civil partner's pension" inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 76(2)(c)

F6 S. 30(1A) inserted (S.) (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), sch. 9 para. 11(3) (with sch. 9 para. 8); S.S.I. 2015/116, art. 2

Marginal Citations

M1 1981 c. 20.

M2 1972 c. 11.

M3 S.I. 1972/1073 (N.I. 10).