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Regulation 11X Lump sum on death: death in serviceF1

(1)

Paragraph (2) applies where a member (“P”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies without having retired.

(2)

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

(a)

the Judicial Pensions Act 1981;

(b)

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 becomes entitled to a lump sum.

(3)

The amount of the lump sum to which the relevant person becomes entitled under paragraph (2) is determined under paragraph (5), (7) or (9) (whichever applies).

(4)

Paragraph (5) applies where, on P’s death, P has reckonable service in only one eligible fee- paid judicial office which is a relevant office.

(5)

The amount of the lump sum is the greater of—

(a)

twice the annual pension that P would have received in respect of the office if P had retired on ill-health grounds on the day of P’s death; and

(b)

a sum determined in accordance with the following formula—

S×RSJS

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.

(6)

Paragraph (7) applies where—

(a)

on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and

(b)

P did not, at any time before death, hold more than one eligible fee-paid judicial office simultaneously.

(7)

The amount of the lump sum is the greater of—

(a)

twice the annual pension that P would have received in respect of any relevant offices if P had retired on ill-health grounds on the day of P’s death; and

(b)

a sum determined in accordance with the following formula—

S×ARSJS

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.

(8)

Paragraph (9) applies where—

(a)

on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and

(b)

at any time before death, P held two or more eligible fee-paid judicial offices simultaneously.

(9)

The amount of the lump sum in respect of any relevant offices is determined by taking the following steps—

  • Step 1

    Determine the lump sum under paragraph (5) in relation to each relevant office which P held simultaneously with another eligible fee-paid office, as if that office were the only eligible fee-paid relevant office held by P.

  • Step 2

    Determine the lump sum under paragraph (7) in relation to those relevant offices which P did not hold simultaneously with another eligible fee-paid office and, for these purposes, in paragraph (7)(b), S is—

    1. (i)

      where P held a single eligible fee-paid judicial office immediately before P’s death, the appropriate annual salary of that judicial office, determined as if P had retired on the date of P’s death;

    2. (ii)

      where P held more than one eligible fee-paid judicial office immediately before P’s death, the highest appropriate annual salary of those offices, determined as if P had retired on the date of P’s death.

  • Step 3

    Add together each of the lump sums determined under Step 1 and the lump sum determined under Step 2.

(10)

Paragraph (11) applies where—

(a)

during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b)

during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(11)

For the purposes of paragraph (9)—

(a)

office A is to be treated as two different relevant offices—

(i)

the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(a), and accordingly, is taken into consideration in Step 1 in paragraph (9), and

(ii)

the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(b) and, accordingly is taken into consideration in Step 2 in paragraph (9); and

(b)

P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

(12)

In this regulation “the relevant person” means—

(a)

the person nominated by P for the purpose of this regulation by notice in writing to the administrators; or

(b)

in default of such nomination, P’s personal representatives, on behalf of P’s estate.

Annotations

Textual amendments

F1

Pts. 2A, 2B inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 12