Paragraph 10 The Judicial Pensions (Widowers’ and Children’s Benefits) Regulations 1991

After regulation 9 (additional payments for back service) insert—

“Additional payments for back service in relation to surviving civil partner’s benefits

9A

(1)

In this regulation—

• “back service” means—

  1. (a)

     in the case of an office-holder who has specified that the annual value of the surviving civil partner’s pension is to be calculated on the basis of service before 5th December 2005 (the “back service election”), service before 5th December 2005; and

  2. (b)

     in the case of an office-holder who has formed a civil partnership on or after that date, service on or after that date for any period during which the office-holder has made no periodical payments;

(2)

An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such of the following rates as the office-holder may specify—

(a)

if the office-holder is serving in a 15-year office, 4 per cent, 8 per cent or 11 per cent of the office-holder’s salary for the time being (that is to say, at the standard rate, or at twice, or at two and three quarters times, that rate);

(b)

if the office-holder is serving in a 20-year office, 3 per cent, 6 per cent, 9 per cent, or 12 per cent, of the office-holder’s salary for the time being (that is to say, at the standard rate, or at twice, or at three times or at four times, that rate).

(3)

An election under this regulation must have been made before, or be made not later than six months after, the office-holder’s formation of a civil partnership.

(4)

An office-holder who has made an election under this regulation may at any time by notice in writing to the responsible authority, either—

(a)

revoke that election; or

(b)

vary its effect by specifying a different rate of additional payments, being one of the rates mentioned in sub-paragraph (a) or (b), as the case may be, of paragraph (2) above.

(5)

An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the office-holder has made additional payments for a period equal in length to the office-holder’s back service and for this purpose, for any period during which the office-holder has made additional payments at a rate higher than the standard rate, the office-holder shall be treated as having made such payments for a correspondingly longer period (so that, for example, if the office-holder has made additional payments at twice the standard rate for one year the office-holder shall be treated as having made additional payments for two years).”.