Regulation 36 Entitlement to a surviving adult's pension

(1)

This regulation applies where a member (“P”) dies (whether before, on or after the commencement day) leaving a surviving adult.

(2)

On the pension start day, the surviving adult becomes entitled to the payment for life of a pension.

(3)

For the purposes of paragraph (2) the “pension start day” means—

(a)

the day after the day on which P dies; or

(b)

if later, the commencement day.

(4)

Where the surviving adult marries or enters into a civil partnership, the Treasury may, at any time, direct that payment of the pension be withheld.

(5)

The Treasury may, at any time, direct that payment of a pension withheld under paragraph (4) be resumed.

Notes on Part 6

F1: Words in Pt. 6 heading inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 28(1)

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)