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Judicial Pensions Act 1981

1981 c. 20 · Enacted 21 May 1981 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 31 December 2020.

See the changes not yet applied
ProvisionChangeMade by
Sch. 1A para. 6(7)words substitutedThe Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 art. 66
Sch. 1 para. 1words substitutedThe Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026 Sch. 1 para. 11
An Act to consolidate certain enactments relating to pensions and other benefits payable in respect of service in judicial office, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.[21st May 1981]

Contents

  1. Part I: Rate of Pension
  2. Chapter I: The Higher Judiciary
  3. 1Interpretation.
  4. 2Rate of pension.
  5. 3Former holder of office other than high judicial office.
  6. 4Provision against double pensions.
  7. Chapter II: Other Judicial Offices
  8. 5Circuit judge in England or Wales.
  9. 6Sheriffs in Scotland.
  10. 7Stipendiary magistrates in England and Wales.
  11. 8Judge Advocate General: choice between civil service scheme and special provision.
  12. 9Judge Advocate General: special provision.
  13. 10President or other member of the Lands Tribunal for Scotland.
  14. 11President of pensions appeals tribunals.
  15. 12President or chairman of employment tribunals
  16. 13Social Security Commissioner.
  17. 13ARegistrar of Criminal Appeals.
  18. 14Other judicial offices.
  19. 14ASection 14A
  20. 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  21. Part II: LUMP SUMS AND WIDOWS', SURVIVING CIVIL PARTNERS' AND CHILDREN'S PENSIONS
  22. 16Application of Part II, and interpretation.
  23. 16ASection 16A
  24. 17Lump sum on retirement or death.
  25. Widows', surviving civil partners' and children's pensions
  26. 18Conditions of grant.
  27. 18AWidowers’ and surviving civil partners' pensions
  28. 19Widows', widowers' and surviving civil partners' pensions
  29. 20Children’s pension: beneficiaries.
  30. 21Meaning of “period of childhood and full-time education”.
  31. 22Children’s pension: rate and mode of payment.
  32. Contributions
  33. 23Contribution towards cost of widow’s and children’s pension.
  34. 24Section 24 Repealed
  35. Special cases
  36. 25Persons serving again after retirement.
  37. 26Lord Chancellor. Repealed
  38. Supplemental
  39. 27Disregard of abatement of pension under s. 65 of Social Security Act 1973.
  40. 28Effect of certain nullity decrees.
  41. 29Recommendation of a Minister required in certain cases.
  42. Part III: Supplemental
  43. 29ZARestriction of schemes under this Act
  44. 29ATransfer of accrued benefits.
  45. 29BPension credits: restriction on payments
  46. 30Saving for Pensions (Increase) Act.
  47. 31Payments charged on Consolidated Fund.
  48. 32Other financial provisions.
  49. 32AAppeals.
  50. 33Interpretation.
  51. 33ZAContributions towards cost of certain judicial pensions etc
  52. 33AVoluntary contributions.
  53. 34County court registrars and assistant registrars.
  54. 35Saving for certain Circuit judges in the City of London.
  55. 36Transitory provisions, amendments and repeals.
  56. 37Short title and commencement.
  57. Schedule 1: CERTAIN SENIOR COURTS AND COUNTY COURT OFFICERS, AND PRESIDENT OF TRANSPORT TRIBUNAL
  58. Part I
  59. 1Paragraph 1
  60. Relevant service
  61. 2Paragraph 2
  62. Person within principal civil service pension scheme prior to appointment
  63. 3Paragraph 3
  64. Part II: Pension Benefits
  65. Personal pension
  66. 4Paragraph 4
  67. Retirement for ill-health
  68. 5Paragraph 5
  69. Retirement before qualifying for pension
  70. 6Paragraph 6
  71. Premature retirement on abolition of office
  72. 7Paragraph 7
  73. Discharge for inefficiency
  74. 8Paragraph 8
  75. Re-employment after retirement
  76. 9Paragraph 9
  77. Allocation of benefit to spouse or dependant
  78. 10Paragraph 10
  79. 11Paragraph 11
  80. 12Paragraph 12
  81. 13Paragraph 13
  82. Allocation of benefit on marriage after retirement
  83. 14Paragraph 14
  84. Part III: Persons Injured, or Contracting Disease, In Discharge of Their Duties
  85. 15Paragraph 15
  86. 16Paragraph 16
  87. 17Paragraph 17
  88. Part IV: Supplemental
  89. Temporary abatement of salary to be disregarded
  90. 18Paragraph 18
  91. Service in the armed forces
  92. 19Paragraph 19
  93. Distribution of money without representation
  94. 20Paragraph 20
  95. Delegation of Minister’s power to grant pensions or other benefits
  96. 21Paragraph 21
  97. Minister to determine certain questions
  98. 22Paragraph 22
  99. President of the Transport Tribunal
  100. 23Paragraph 23
  101. Schedule 1A: TRANSFER OF ACCRUED BENEFITS Not yet in force
  102. Part I: General Not yet in force
  103. Interpretation Not yet in force
  104. 1Paragraph 1 Not yet in force
  105. Regulations Not yet in force
  106. 2Paragraph 2 Not yet in force
  107. Other provisions about transfer values Not yet in force
  108. 3Paragraph 3 Not yet in force
  109. Part II: Transfers Out Not yet in force
  110. Qualifying members Not yet in force
  111. 4Paragraph 4 Not yet in force
  112. Qualifying member’s right to a transfer payment Not yet in force
  113. 5Paragraph 5 Not yet in force
  114. Method of taking cash benefit Not yet in force
  115. 6Paragraph 6 Not yet in force
  116. Calculation of cash equivalents Not yet in force
  117. 7Paragraph 7 Not yet in force
  118. Time within which option must be exercised Not yet in force
  119. 8Paragraph 8 Not yet in force
  120. Option to be exercised in writing Not yet in force
  121. 9Paragraph 9 Not yet in force
  122. Cancellation of exercise of option Not yet in force
  123. 10Paragraph 10 Not yet in force
  124. Part III: Transfers In Not yet in force
  125. Application to accept payment into scheme Not yet in force
  126. 11Paragraph 11 Not yet in force
  127. Cancellation of request Not yet in force
  128. 12Paragraph 12 Not yet in force
  129. Regulations Not yet in force
  130. 13Paragraph 13 Not yet in force
  131. Schedule 2: TRANSITORY PROVISIONS
  132. Part I
  133. The Higher Judiciary
  134. 1Paragraph 1
  135. Circuit judges
  136. 2Paragraph 2
  137. Stipendiary magistrates in England and Wales
  138. 3Paragraph 3
  139. 4Paragraph 4
  140. 5Paragraph 5
  141. Application of Part II to certain abolished offices
  142. 6Paragraph 6
  143. Officers within Schedule 1 to this Act
  144. 7Paragraph 7
  145. 8Paragraph 8
  146. 9Paragraph 9
  147. High Court registry at Liverpool or Manchester
  148. 10Paragraph 10
  149. Judicial offices within Chapter II of Part I
  150. 11Paragraph 11
  151. Part II: Derivative Benefits
  152. Person serving on 15 December 1950: election against all derivative benefits
  153. 12Paragraph 12
  154. Persons serving on 15 December 1950: election against benefits for widow and children
  155. 13Paragraph 13
  156. Relevant service wholly before 18 April 1973
  157. 14Paragraph 14
  158. Persons serving on 18 April 1973: election for application of paragraph 14 above
  159. 15Paragraph 15
  160. Pension not wholly attributable to service after 17 April 1973
  161. 16Paragraph 16
  162. Persons serving on 18 April 1973: election for pensions wholly attributable to service on or after that date
  163. 17Paragraph 17
  164. Saving for provisions about elections
  165. 18Paragraph 18
  166. Part III: Modification of Part II in Relation to Service before April 1973
  168. 19Paragraph 19
  169. Widow’s pension
  170. 20Paragraph 20
  171. Children’s pension
  172. 21Paragraph 21
  173. Contributions
  174. 22Paragraph 22
  175. 23Paragraph 23
  176. Part IV: Widower’s Pensions
  177. General
  178. 24Paragraph 24
  179. Service wholly before the commencement date
  180. 25Paragraph 25
  181. Members retiring between publication and commencement date
  182. 26Paragraph 26
  183. Service partly before and partly after the commencement date
  184. 27Paragraph 27
  185. Pension not wholly attributable to service after 17 April 1973
  186. 28Paragraph 28
  187. Part 5: SURVIVING CIVIL PARTNERS' PENSIONS
  188. General
  189. 29Paragraph 29
  190. Service wholly on or before the relevant date
  191. 30Paragraph 30
  192. Service on and after the relevant date
  193. 31Paragraph 31
  194. Schedule 3: CONSEQUENTIAL AMENDMENTS
  195. Supreme Court of Judicature (Consolidation) Act 1925 (c. 49)
  196. 1Paragraph 1
  197. Superannuation Act 1965 (c. 74)
  198. 2Paragraph 2
  199. Parliamentary Commissioner Act 1967 (c. 13)
  200. 3Paragraph 3
  201. Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)
  202. 4Paragraph 4
  203. Courts Act 1971 (c. 23)
  204. 5Paragraph 5
  205. 6Paragraph 6
  206. Pensions (Increase) Act 1971 (c. 56)
  207. 7Paragraph 7
  208. Superannuation Act 1972 (c. 11)
  209. 8Paragraph 8
  210. Administration of Justice Act 1973 (c. 15)
  211. 9Paragraph 9
  212. Social Security Act 1980 (c.30)
  213. 10Paragraph 10 Repealed
  214. Schedule 4: REPEALS