Regulation 37 Annual rate of surviving adult's pension

(1)

The annual rate of a pension to which a person becomes entitled under regulation 36 is equal to one half of the rate of the pension of the deceased member ( “ P ”).

(2)

For the purposes of this regulation the rate of P's pension is determined as follows.

(3)

Where P dies on or after the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P was entitled under Part 3 on the day on which P died.

(4)

Where P dies on or after the commencement day without having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the day after that on which P died if—

(a)

on the day on which P died, P had not died but had instead retired, and

(b)

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

(5)

Where P dies before the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if P were still alive on that day.

(6)

Where P dies before the commencement day without having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if—

(a)

on the day on which P died, P had not died but had instead retired,

(b)

the ill-health certification condition were met in relation to P, and

(c)

P were still alive on the commencement day.

Notes on Part 6

Textual amendments

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)

Modifications

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)