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Judicial Pensions and Retirement Act 1993 in Northern Ireland

1993 c. 8 · Enacted 29 March 1993 · Extends to United Kingdom

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 5words repealedCare Standards Act 2000 Sch. 6
Sch. 6 para. 55repealedCare Standards Act 2000 Sch. 6
Sch. 7 para. 5(5)(xxxi)repealedCare Standards Act 2000 Sch. 6
Sch. 1 Pt. 2entry insertedCoroners and Justice Act 2009 Sch. 21 para. 31

An Act to make further provision with respect to the pensions and other benefits payable in respect of service in certain judicial, and related, offices and in certain senior public investigative offices; to amend the law relating to the date on which the holders of certain judicial, and related, offices are required to vacate those offices; and for purposes connected therewith.

[29th March 1993]

C1E1C2C3C4C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

Power to amend Act conferred (31.3.1995) by S.I. 1986/1888 (N.I. 18), art.18(3)(l) (as added (31.3.1995) by 1993 c. 8, s. 31, Sch. 8 para. 19(2); S.I. 1995/631, art. 2)

Power to amend Act conferred (9.11.1998) by 1998 c. 42, s. 18(6), Sch. 4 paras. 3, 4 (with ss. 7(8), 22(5))

Power to modify Act conferred (7.2.1994) by 1993 c. 48, ss. 188-190, 191, Sch. 6 Pt. II para. 17(2)(3)(j), Sch. 9 para. 7; S.I. 1994/86, art. 2

C2

Power to modify Act conferred (N.I.) (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(l) (with Sch. 8 para. 8(3)); S.R. 1994/17

Act modified (27.9.1999) by 1999 c. 22, ss. 68(3)(b), 108(3) (with s. 107, Sch. 14 para. 7(2))

Power to amend Act conferred (11.11.1999) by 1999 c. 30, ss. 43, 89(5)

Act: power to amend conferred (1.9.2001) by 2001 c. 17, s. 1(3), Sch. 1 para. 7(5)(b) (with s. 78); S.I. 2001/2161, art. 2 (subject to art. 3)

C3

Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(1) (with reg. 2(3))

C4

Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(2) (with reg. 2(3))

C5

Act modified (9.2.2005) by The Enterprise Act 2002 (Judicial Pensions and Retirement Act 1993) (Consequential Amendment) Order 2005 (S.I. 2005/53), art. 2(2)

Extent

E1

Act extends to U.K. but for exceptions see s. 31(5)-(7)

Contents

  1. Part I: New Arrangements for Judicial Pensions
  2. Application of Part I
  3. 1Persons to whom this Part applies.
  4. Pensions for judicial officers
  5. 2The judicial officer’s entitlement to a pension.
  6. 3The appropriate annual rate.
  7. Derivative benefits
  8. 4Lump sum on the judicial officer’s retirement or death.
  9. 5Surviving spouse’s and surviving civil partner's pension.
  10. 6Grant and payment of a children’s pension.
  11. 7Children’s pension: meaning of “period of childhood and full-time education”.
  12. 8Rate of children’s pension.
  13. 9Contribution towards cost of surviving spouse’s , surviving civil partner's and children’s pension.
  14. Contributions
  15. 9AContributions towards cost of judicial pension etc
  16. Additional voluntary contributions
  17. 10Additional benefits from voluntary contributions.
  18. Relationship with other pension schemes
  19. 11Provision against pensions under two or more judicial pension schemes.
  20. 12Transfer of rights under judicial pension schemes.
  21. 12ATransfer of rights under other public service pension schemes
  22. 12BRate of pension etc. where rights transferred under section 12 or 12A
  23. 13Election for personal pension instead of judicial pension.
  24. Supplemental provisions
  25. 14Application of this Part to holders of the office of Lord Chancellor.
  26. 15Circuit judges: the Recorder of London and the Common Serjeant.
  27. 16Disregard of abatement of pension under s.65 of the Social Security Act 1973 etc.
  28. 17Effect of certain nullity decrees.
  29. 18Continuity of tax treatment. Repealed
  30. Part 1A: FEE-PAID JUDGES
  31. 18APension scheme for fee-paid judges
  32. Part II: Miscellaneous, General and Supplementary Provisions
  33. Additional benefits in respect of disregarded earnings
  34. 19Benefits in respect of earnings in excess of pension-capped salary.
  35. General provisions connected with the new schemes
  36. 20Appeals.
  37. 23Transfer of accrued benefits.
  38. 23APension credits
  39. 24Corresponding minor amendments to other enactments.
  40. Pensions for senior public investigative officers
  41. 25The Comptroller and Auditor General and the Parliamentary and Health Service Commissioners etc.
  42. Retirement date for certain judicial officers etc
  43. 26Retirement date for holders of certain judicial offices etc.
  44. 27Completion of proceedings after retirement.
  45. Miscellaneous and supplementary provisions
  46. 28Payments charged on Consolidated Fund etc.
  47. 28ANorthern Ireland
  48. 29Regulations and orders.
  49. 30Interpretation.
  50. 31Short title, supplementary provisions and extent.
  51. Schedule 1: The offices which may be qualifying judicial offices
  52. Part I: Judges
  53. Paragraph
  54. Part II: Other appointments
  55. Court officers
  56. Paragraph
  57. Members of tribunals
  58. Paragraph
  59. Other offices whose holders are appointed by the Lord Chancellor
  60. Paragraph
  61. Other offices
  62. Paragraph
  63. Schedule 1A: SURVIVING CIVIL PARTNER'S PENSION: TRANSITIONAL PROVISIONS
  64. Part: The commencement date
  65. 1Paragraph 1
  66. Part: Service wholly before the commencement date
  67. 2Paragraph 2
  68. Part: Service partly before and partly on the commencement date
  69. 3Paragraph 3
  70. Schedule 2: Transfer of accrued benefits
  71. Part I: General
  72. Interpretation
  73. 1Paragraph 1
  74. Regulations
  75. 2Paragraph 2
  76. Other provisions about transfer values
  77. 3Paragraph 3
  78. Part II: Transfers out
  79. Qualifying members
  80. 4Paragraph 4
  81. Qualifying member’s right to a transfer payment
  82. 5Paragraph 5
  83. Method of taking cash benefit
  84. 6Paragraph 6
  85. Calculation of cash equivalents
  86. 7Paragraph 7
  87. Time within which option must be exercised
  88. 8Paragraph 8
  89. Option to be exercised in writing
  90. 9Paragraph 9
  91. Cancellation of exercise of option
  92. 10Paragraph 10
  93. Part III: Transfers in
  94. Application to accept payment into scheme
  95. 11Paragraph 11
  96. Cancellation of request
  97. 12Paragraph 12
  98. Regulations
  99. 13Paragraph 13
  100. Schedule 2A: PENSION CREDITS
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. Schedule 3: Corresponding minor amendments to other pensions enactments
  104. Part I: Amendments of the 1981 Act
  105. Dependent children: maximum allowable remuneration
  106. 1Paragraph 1
  107. 2Paragraph 2
  108. 3Paragraph 3
  109. Appeals
  110. 4Paragraph 4
  111. Part III: Amendments of Northern Ireland Provisions
  112. Interpretation
  113. 5Paragraph 5
  114. Dependent children: maximum allowable remuneration
  115. 6Paragraph 6
  116. Appeals
  117. 7Paragraph 7
  118. Additional voluntary contributions
  119. 8Paragraph 8
  120. Schedule 4: Pensions for senior public investigative officers
  121. Part I: The Comptroller and Auditor General
  122. 1Paragraph 1
  123. Part II: The Parliamentary Commissioner for Administration
  124. 2Paragraph 2
  125. Part III: The Health Service Commissioners
  126. Part IV: The Comptroller and Auditor General for Northern Ireland
  127. 5Paragraph 5
  128. Part V: The Northern Ireland Parliamentary Commissioner for Administration and the Northern Ireland Commissioner for Complaints
  129. 6Paragraph 6 Repealed
  130. 7Paragraph 7 Repealed
  131. Schedule 5: Retirement provisions: the relevant offices
  132. Paragraph
  133. Schedule 6: Retirement dates for certain judicial offices
  134. The Judicial Committee of the Privy Council
  135. 1Paragraph 1 Repealed
  136. Lords of Appeal
  137. 2Paragraph 2 Repealed
  138. Lords of Appeal in Ordinary and senior judges in Scotland and Northern Ireland
  139. 4Paragraph 4
  140. 5Paragraph 5
  141. 6Paragraph 6 Repealed
  142. Acting judges of the High Court or Court of Appeal in Northern Ireland
  143. 7Paragraph 7
  144. 8Paragraph 8
  145. 9Paragraph 9
  146. 10Paragraph 10 Repealed
  147. 11Paragraph 11 Repealed
  148. County Court Judge in Northern Ireland
  149. 12Paragraph 12
  150. Deputy judge of a county court in Northern Ireland
  151. 13Paragraph 13
  152. 15Paragraph 15 Repealed
  153. 16Paragraph 16
  154. 17Paragraph 17
  155. Statutory officers in Northern Ireland
  156. 18Paragraph 18
  157. Resident Magistrates in Northern Ireland
  158. 20Paragraph 20
  159. Social security: Commissioners, and the President and chairmen of appeal tribunals
  160. 21Paragraph 21 Repealed
  161. Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland
  162. 22Paragraph 22
  163. Chairmen of child support appeal tribunals in Northern Ireland
  164. 24Paragraph 24 Repealed
  165. Chairman of the Foreign Compensation Commission
  166. 25Paragraph 25
  167. President, Vice-President and chairmen of industrial tribunals and of the Fair Employment Tribunal
  168. 28Paragraph 28 Repealed
  169. President of the Industrial Court in Northern Ireland
  170. 29Paragraph 29 Repealed
  171. 31Paragraph 31
  172. The Lands Tribunal for Northern Ireland
  173. 32Paragraph 32
  174. 33Paragraph 33 Repealed
  175. 34Paragraph 34
  176. Value added tax tribunals
  177. 35Paragraph 35 Repealed
  178. Special, and deputy Special, Commissioners for Income Tax
  179. 36Paragraph 36 Repealed
  180. President or other member of the Immigration Appeal Tribunal
  181. 37Paragraph 37 Repealed
  182. Immigration adjudicators
  183. 38Paragraph 38 Repealed
  184. Pensions Appeal Tribunals
  185. 39Paragraph 39
  186. 40Paragraph 40
  187. The Financial Services Tribunal
  188. 41Paragraph 41 Repealed
  189. Tribunals and advisory bodies under the Misuse of Drugs Act 1971
  190. 42Paragraph 42
  191. Restrictive Practices Court
  192. 43Paragraph 43 Repealed
  193. Tribunals constituted under section 706 of the Income and Corporation Taxes Act 1988
  194. 44Paragraph 44 Repealed
  195. Arbitrator appointed under the Agricultural Holdings Act 1986
  196. 45Paragraph 45 Repealed
  197. 46Paragraph 46
  198. The Aircraft and Shipbuilding Industries Arbitration Tribunal
  199. 47Paragraph 47 Repealed
  200. 48Paragraph 48
  201. The Copyright Tribunal
  202. 49Paragraph 49
  203. The Data Protection Tribunal
  204. 50Paragraph 50
  205. President of a tribunal constituted under Schedule 3 to the Industry Act 1975
  206. 52Paragraph 52
  207. 53Paragraph 53 Repealed
  208. Chairman of the Plant Varieties and Seeds Tribunal
  209. 54Paragraph 54 Repealed
  210. 55Paragraph 55 Repealed
  211. 56Paragraph 56
  212. 57Paragraph 57
  213. Tribunal established under section 9 of the Wireless Telegraphy Act 1949
  214. 58Paragraph 58 Repealed
  215. Wreck commissioner
  216. 59Paragraph 59 Repealed
  217. Chairman of a Reinstatement Committee
  218. 60Paragraph 60
  219. 61Paragraph 61 Repealed
  220. Courts of inquiry under section 52 of the Merchant Shipping Act 1970
  221. 62Paragraph 62 Repealed
  222. Chairman of a vaccine damage tribunal in Northern Ireland
  223. 63Paragraph 63 Repealed
  224. Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986
  225. 64Paragraph 64 Repealed
  226. Chairman of a tribunal constituted under section 28 of the Banking Act 1987
  227. 65Paragraph 65 Repealed
  228. Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992
  229. 68Paragraph 68 Repealed
  230. Schedule 7Retirement dates: transitional provisions
  231. Interpretation
  232. 1Paragraph 1
  233. Salaried offices
  234. 2Paragraph 2 Repealed
  235. Fee-paid offices
  236. 3Paragraph 3 Repealed
  237. Persons holding a relevant office by virtue of a continuation power
  238. 4Paragraph 4 Repealed
  239. Ascertainment of potential retirement date
  240. 5Paragraph 5 Repealed
  241. Schedule 8: Minor and consequential amendments
  242. The Courts-Martial (Appeals) Act 1951
  243. 1Paragraph 1
  244. The County Courts Act (Northern Ireland) 1959
  245. 2Paragraph 2
  246. The Resident Magistrates’ Pensions Act (Northern Ireland) 1960
  247. 3Paragraph 3
  248. The Foreign Compensation Act 1962
  249. 4Paragraph 4
  250. The Lands Tribunal and Compensation Act (Northern Ireland) 1964
  251. 5Paragraph 5
  252. The Superannuation Act 1965
  253. 6Paragraph 6
  254. The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969
  255. 7Paragraph 7
  256. The Taxes Management Act 1970
  257. 8Paragraph 8
  258. The Immigration Act 1971
  259. 9Paragraph 9
  260. 10Paragraph 10
  261. The Social Security (Northern Ireland) Act 1975
  262. 11Paragraph 11
  263. The Social Security Pensions (Northern Ireland) Order 1975
  264. 13Paragraph 13 Repealed
  265. The Judicature (Northern Ireland) Act 1978
  266. 14Paragraph 14
  267. The Supreme Court Act 1981
  268. 15Paragraph 15
  269. The Value Added Tax Act 1983
  270. 16Paragraph 16 Repealed
  271. 17Paragraph 17
  272. The Social Security Act 1986
  273. 18Paragraph 18 Repealed
  274. The Social Security (Northern Ireland) Order 1986
  275. 19Paragraph 19 Repealed
  276. The Criminal Justice Act 1988
  277. 20Paragraph 20
  278. The Child Support (Northern Ireland) Order 1991
  279. 22Paragraph 22 Repealed
  280. The Social Security Administration (Northern Ireland) Act 1992
  281. 24Paragraph 24 Repealed
  282. Schedule 9Repeals and revocations