Explanatory note

This Order provides that, except in circumstances prescribed by regulations made under the Pension Schemes Act 1993, a surviving spouse shall be entitled to a pension on the death of a member of a judicial pension scheme providing the marriage took place before the member retired. This is to comply with the provisions of the Pension Schemes Act 1993 as amended by the Pensions Act 1995 which provide that a pension scheme must entitle a surviving spouse to a pension in order for a contracting-out certificate to be granted in relation to that scheme.

The Order also amends the Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995 in order to clarify the calculation of the contribution to a surviving spouse’s guaranteed minimum pension payable in the event of marriage during retirement.