Regulation 21 Retirement under 65 due to ill-health: entitlement to ill-health enhanced pension

(1)

This regulation applies where—

(a)

F1P has accrued reckonable service in relation to one or more relevant offices and retires (whether before, on or after the commencement day);

(b)

on the day on which P retires, P has not reached the age of 65; and

(c)

the ill-health certification condition is met in relation to P.

(2)

On the pension start day, P becomes entitled to the payment for life of a pension F2in respect of the relevant offices.

(3)

In this regulation “the pension start day” means—

(a)

the day after that on which P retires, or

(b)

if later, the commencement day.

(4)

Where, apart from this paragraph, P would be entitled to—

(a)

a pension under this regulation, and

(b)

a pension under—

(i)

regulation 14 (retirement between the ages of 60 and 65: entitlement to reduced pension),

(ii)

regulation 15 (retirement under the age of 60 due to removal from judicial office: entitlement to reduced pension), or

(iii)

regulation 17 (retirement under the normal pension age: entitlement to preserved pension),

P is not entitled to any pension mentioned in sub-paragraph (b).

Annotations

F1: Words in reg. 21(1)(a) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 22(a)
F2: Words in reg. 21(2) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 22(b)

F1: Words in Pt. 3 heading inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 13

C1: Pts. 1-11 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 131(1)(2)(f)