Paragraph 5 Annual rate of surviving adults’ pensions payable under this scheme when a transition member dies in serviceI1

This paragraph applies in relation to a transition member with continuity of service—

Where there is an entitlement under this scheme and a pre-2022 scheme to a surviving adult’s pension, the annual rate of that pension is, subject to sub-paragraph (3), the sum of—

Where there is an entitlement to a surviving adult’s pension, the payment of any enhancement in respect of the member’s assumed period of pensionable service is not payable under a pre-2022 scheme.

In this paragraph—

• “the member’s assumed period of pensionable service” means the period—

  1. (a)

     beginning with the day after the date of the member’s death; and

  2. (b)

     ending with—

     1. (i)

        for a member appointed for a fixed term, the day on which that term would have ended; and

     2. (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—

  1. (a)

     the member’s continuous period of pensionable service under this scheme; and

  2. (b)

     the member’s pensionable service under a pre-2022 scheme before the closing date.

In this paragraph a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.