Regulation 29 Amendment of regulation 45

for paragraph (1) substitute—

“(1)

Paragraph (2) applies where a member (“P”), whose benefits are to be calculated under the post-1995 provisions in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies (on or after the commencement day) without having retired.”;

for paragraph (2) substitute—

“(2)

Unless a lump sum is payable on P’s death under—

(a)

the Judicial Pensions Act 1981;

(b)

section 4(3) of the Judicial Pensions and Retirement Act 1993;

(c)

a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; or

(d)

a scheme under section 1 of the Public Service Pensions Act 2013,

on the day after that on which P dies, the relevant person is entitled to a lump sum.”;

in paragraph (4), for “(“the relevant office”)” substitute “which is a relevant office”;

for paragraph (5) substitute—

“(5)

The amount of the lump sum is to be determined in accordance with the following formula—

$$S\times 2\times \frac{\mathrm{RS}}{\mathrm{JS}}$$

where—

• S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death

• RS is the amount of reckonable service P had in the relevant office at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply

• JS is P’s qualifying judicial service expressed in years and any fraction of a year.”;

for paragraph (7) substitute—

“(7)

The amount of the lump sum is to be determined in accordance with the following formula—

$$S\times 2\times \frac{\mathrm{ARS}}{\mathrm{JS}}$$

where—

• S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death

• ARS is the amount of reckonable service P had in all relevant offices at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply

• JS is P’s qualifying judicial service expressed in years and any fraction of a year.”.