# The Judicial Pensions (Fee-Paid Judges) Regulations 2017, 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.

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Source: https://www.legislation.gov.uk/uksi/2017/522/regulation/37 (the official version)
Page: https://openlegislation.uk/judicial-pensions-fee-paid-judges-regulations-2017/regulation-37
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.