# The Judicial Pensions (Fee-Paid Judges) Regulations 2017, Regulation 11Z: Lump sum on death: death soon after retirement of member entitled to pension


(1) Paragraph (2) applies if—
(a) 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 having retired;
(b) where P retires on or after the amendment day, P is not, on retirement, an opted-out member;
(c) immediately before death, P was entitled to the payment of a pension under this Part in respect of the relevant offices; and
(d) the total benefits received are less than the minimum benefits amount.
(2) On the day after that on which P dies, P’s personal representatives become entitled on behalf of P’s estate to a lump sum equal to the difference between the total benefits received in respect of the relevant offices and the minimum benefits amount.
(3) In this regulation “the total benefits received” means the amount determined in accordance with the following formula—
A+B+C−Dwhere—
A is the interim amendments payments amount (if any) in relation to P in respect of the relevant offices
B is the amount (if any) payable to P where no, or an insufficient interim amendments payments amount has been made in respect of the relevant offices
C is the total of the sums paid or payable to P under this Part on account of the pension (including any increases under the Pensions (Increase) Act 1971), and by way of lump sum in respect of the relevant offices, in relation to the period after the amendment day
D is the amount (if any) payable by P where an excess interim amendments payments amount has been made in respect of the relevant offices.
(4) In this regulation—
“interim amendments payments amount” has the same meaning as in Part 3 of the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023;
“the minimum benefits amount” means the amount the relevant person would have been entitled to under regulation 11X if P had died without retiring.

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Source: https://www.legislation.gov.uk/uksi/2017/522/regulation/11Z (the official version)
Page: https://openlegislation.uk/judicial-pensions-fee-paid-judges-regulations-2017/regulation-11Z
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.