# The Judicial Pensions Regulations 2022, Regulation 81: 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 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 (1)(a) includes the member’s period of pensionable service under a pre-2022 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 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.
(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) In this regulation a reference to “pensionable service” in relation to the Fee-paid Judges scheme is a reference to qualifying judicial service (within the meaning of regulation 6 (qualifying judicial service) of the FPJR 2017).

---
Source: https://www.legislation.gov.uk/uksi/2022/319/regulation/81 (the official version)
Page: https://openlegislation.uk/judicial-pensions-regulations-2022/regulation-81
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.