# The Judicial Pensions Regulations 2015, Regulation 97: Entitlement to surviving adult’s pension

Extent: E+W+S+N.I.

(1) This regulation applies in relation to a member who, at the date of the member’s death is—
(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;
(b) a deferred member of this scheme; or
(c) a pensioner member of this scheme.
(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.
(3) The surviving adult of the member is entitled to payment for life of a surviving adult’s pension as follows—
(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;
(b) if an ill-health pension was payable as at the date of the member’s death, a dependant’s ill-health pension;
(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.
(4) The scheme manager may withhold a surviving adult’s pension as follows—
(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;
(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.
(5) Paragraph (4) is subject to regulation 110.
(6) In this regulation a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.

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Source: https://www.legislation.gov.uk/uksi/2015/182/regulation/97 (the official version)
Page: https://openlegislation.uk/judicial-pensions-regulations-2015/regulation-97
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.