# The Comptroller and Auditor General's Pension Regulations 1972, Regulation 5: Comptroller with other service under the judicial scheme who elects for that scheme


(1) This Regulation shall apply to any person appointed to be the Comptroller who has elected for the judicial scheme and who, either before or after his service as Comptroller, has rendered other service to which the judicial scheme applies:
Provided that this Regulation shall not apply to such person unless either—
(a) that other service has immediately preceded or followed his service as Comptroller, or
(b) he has become eligible for a pension on the termination of the earlier service.
(2) Where, in the case of a person to whom this Regulation applies, his service as Comptroller precedes his other service falling within the judicial scheme, his service as Comptroller shall be aggregated with such other service for the purpose of determining qualification for or the amount of benefit under that scheme.
(3) Where, in the case of a person to whom this Regulation applies, his other service falling within the judicial scheme precedes his service as Comptroller—
(a) such other service shall be aggregated with his service as Comptroller for the purpose of determining qualification for or the amount of benefit under that scheme;
(b) the amount of the benefit payable under the judicial scheme shall, if it would, when determined in accordance with sub-paragraph (a) above, be less than the amount which would have been payable if, immediately before his appointment as Comptroller, he had retired on the ground of permanent infirmity from the office in which he rendered that other service, be increased up to the last mentioned amount; and
(c) section 4 of the Judicial Pensions Act 1959 (special provisions as to former holders of other judicial offices) shall not apply in relation to him.

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Source: https://www.legislation.gov.uk/uksi/1972/493/regulation/5 (the official version)
Page: https://openlegislation.uk/comptroller-and-auditor-generals-pension-regulations-1972/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.