# The Judicial Pensions Regulations 2015, Paragraph 16: Annual rate of surviving adult’s pensions payable under this scheme when a transition member dies in service

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

(1) This paragraph applies in relation to a transition member with continuity of service—
(a) who dies as an active member of this scheme; and
(b) whose period of service is at least 12 months.
(2) Where there is an entitlement under this scheme and a relevant scheme to a surviving adult’s pension, the annual rate of that pension is the sum of—
(a) the amount of dependant’s earned pension calculated under regulation 100; and
(b) the amount of the equivalent surviving spouse’s or surviving civil partner’s pension payable under a relevant scheme.
(3) Where there is an entitlement to a surviving adult’s pension, the payment of any pension or enhancement in respect of the member’s assumed period of pensionable service is not payable under a relevant scheme.
(4) In this paragraph—
“the member’s assumed period of pensionable service” means the period—
(a)beginning with the day after the date of the member’s death; and
(b)ending with—
(i)for a member appointed for a fixed term, the day on which that term would have ended; and
(ii)for all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and
“period of service” means—
(a)the member’s continuous period of pensionable service under this scheme; and
(b)the member’s pensionable service under a relevant scheme before the closing date.
(5) In this paragraph 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/schedule/2/paragraph/16 (the official version)
Page: https://openlegislation.uk/judicial-pensions-regulations-2015/schedule-2/paragraph-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.