The Judicial Pensions (Preservation of Benefits) Order 1988

PART II GENERAL

Office-holders to whom Order applies

3.  This Order shall apply to, but only to, an office-holder who ceases to hold office after 31st August 1988.

Ceasing to hold office and relevant service

4.—(1) An office-holder does not cease to hold office for the purposes of this Order if, after ceasing to hold a scheduled office but before reaching normal pension age, he starts to hold another office service in which may, under any relevant enactment, be reckoned on any basis together with service in the earlier office for the purpose of superannuation benefits (or which might have been so reckoned but for his having left that other (or a subsequent) office before reaching compulsory retirement age).

(2) An office-holder’s service in a scheduled office is relevant service for the purposes of this Order and his relevant service may include any earlier service of his which may, under any enactment, be reckoned in accordance with paragraph (1) together with service of his in a scheduled office —

Provided that, where an office-holder is entitled to make an election under this Order, then, whether or not he makes that election, his relevant service shall not include any service of his which would have fallen to be disregarded for the purpose of superannuation benefits had he made (or, as the case may be, not made) a corresponding election under a relevant enactment.

(3) For the purposes of paragraphs (1) and (2) above it is immaterial whether —

(a) the office-holder has served at any time in any other office (including an office in relation to which he ceases to hold office for the purposes of this Order); or

(b) the earlier and the later offices are the same; or

(c) any election available in respect of an office-holder has been made; or

(d) the superannuation benefits payable under the relevant enactment relating to one office would, in the circumstances, be unaffected by adding the other service into the reckoning.