{
  "url": "https://openlegislation.uk/judicial-pensions-regulations-northern-ireland-2015/section-97",
  "json_url": "https://openlegislation.uk/judicial-pensions-regulations-northern-ireland-2015/section-97.json",
  "legislation": "nisr/2015/76",
  "legislation_title": "The Judicial Pensions Regulations (Northern Ireland) 2015",
  "legislation_url": "https://openlegislation.uk/judicial-pensions-regulations-northern-ireland-2015",
  "path": "section/97",
  "kind": "section",
  "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 (1)(a) includes the member's period of pensionable service under a relevant scheme before the transition date for that member.\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": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 97(1) substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 7(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 97(2) substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 7(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 97(6) inserted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 7(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2015/76/section/97",
    "retrieved_at": "2026-10-29T01:03:33.835756+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."
}