{
  "url": "https://openlegislation.uk/judicial-pensions-regulations-2015/regulation-97",
  "json_url": "https://openlegislation.uk/judicial-pensions-regulations-2015/regulation-97.json",
  "legislation": "uksi/2015/182",
  "legislation_title": "The Judicial Pensions Regulations 2015",
  "legislation_url": "https://openlegislation.uk/judicial-pensions-regulations-2015",
  "path": "regulation/97",
  "kind": "regulation",
  "number": "97",
  "heading": "Entitlement to surviving adult’s pension",
  "text": "(1) This regulation applies in relation to a member who, at the date of the member’s death is—\n(a) an active member of this scheme, or a relevant scheme, in relation to a continuous period of pensionable service of at least 12 months;\n(b) a deferred member of this scheme; or\n(c) a pensioner member of this scheme.\n(2) If the member is a transition member with continuity of service, the continuous period of pensionable service mentioned in paragraph (a) includes the member’s period of pensionable service under a relevant scheme before the closing date.\n(3) The surviving adult of the member is entitled to payment for life of a surviving adult’s pension as follows—\n(a) if the member was a pensioner member or would have become entitled to a full retirement earned pension had the member not died, a dependant’s earned pension;\n(b) if an ill-health pension was payable as at the date of the member’s death, a dependant’s ill-health pension;\n(c) if the member was entitled to the immediate payment of a full retirement added (all beneficiaries) pension as at the date of the member’s death or would have become entitled to such a pension had the member not died, a dependant’s added pension.\n(4) The scheme manager may withhold a surviving adult’s pension as follows—\n(a) for a pension that would otherwise be payable to the surviving spouse, if the member and the surviving spouse married less than 6 months before the member’s death;\n(b) for a pension that would otherwise be payable to a surviving civil partner, if the civil partnership was formed less than 6 months before the member’s death.\n(5) Paragraph (4) is subject to regulation 110.\n(6) In this regulation a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 97(1) substituted (1.4.2017) by The Judicial Pensions (Amendment) Regulations 2017 (S.I. 2017/508), regs. 1(2), 9(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 97(2) substituted (1.4.2017) by The Judicial Pensions (Amendment) Regulations 2017 (S.I. 2017/508), regs. 1(2), 9(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 97(6) inserted (1.4.2017) by The Judicial Pensions (Amendment) Regulations 2017 (S.I. 2017/508), regs. 1(2), 9(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 97 in force at 1.4.2015, see reg. 1(4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/182/regulation/97",
    "retrieved_at": "2026-10-28T23:48:23.803047+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}