OpenLegislation

The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997

S.R. 1997/479 · Made 4 November 1997 · Extends to Northern Ireland

Not fully up to date. 8 changes made by later legislation have not yet been written into this text, which is revised to 1 December 1997.

See the changes not yet applied
ProvisionChangeMade by
art. 3 sidenotewords insertedCivil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 22(2)
art. 3words insertedCivil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 22(3)
art. 3(b)words insertedCivil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 22(4)
art. 4(1)words insertedCivil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 23
art. 5 sidenotewords insertedCivil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 24(2)
art. 5words insertedCivil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 24(3)
art. 6words insertedCivil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 25
art. 7words insertedCivil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 26

PENSIONS

Made 4th November 1997

To be laid before Parliament

Coming into operation 1st December 1997

The Lord Chancellor, as the appropriate authority designated by the Treasury for the purposes of Article 72 of the Pensions (Northern Ireland) Order 1995f1 as having responsibility for judicial pension schemes , in exercise of the powers conferred on him by that Article, hereby makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 1995/3213 (N.I. 22); Article 72 provides that an Order under Article 72 shall be made by the “appropriate authority” which, by virtue of Article 72(2), shall be the Minister of the Crown of government department designated by the Treasury or the Department of Finance and Personnel as having responsibility for the pensions scheme in question

Contents

  1. 1Title and commencement
  2. 2Interpretation
  3. 3Entitlement of surviving spouse to a pension
  4. 4Entitlement of surviving spouse to a pension
  5. 5Annual rate of surviving spouse’s pension
  6. 6Relationship to other benefits
  7. 7Entitlement to have effect notwithstanding other enactments
  8. 8The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995
  9. Signature
  10. Explanatory note

1Title and commencementI1

This Order may be cited as the Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997 and shall come into operation on 1st December 1997.

2InterpretationI1

In this Order —

  • “judicial pension scheme” means a public service pension scheme under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices (whether or not in respect of service in such offices alone);

  • “qualifying judicial office” means a judicial office listed in Schedule 1 to the Judicial Pensions and Retirement Act 1993f1 whose jurisdiction is exercised in Northern Ireland.

3Entitlement of surviving spouse to a pensionI1

Subject to Article 4, in any case—

(a)

where a member of a judicial pension scheme dies leaving a surviving spouse; and

(b)

where the deceased member has retired from qualifying judicial office, the marriage took place before his retirement;

the surviving spouse shall be entitled to receive a pension under the scheme.

4Entitlement of surviving spouse to a pensionI1

(1)

Article 3 does not apply where, in relation to a reference scheme, a surviving spouse’s pension need not be paid by virtue of regulations made under section 8B(4) of the Pension Schemes (Northern Ireland) Act 1993f1.

(2)

In this Article ‘reference scheme' has the meaning given to it in the Pensions Schemes (Northern Ireland) Act 1993.

5Annual rate of surviving spouse’s pensionI1

The annual rate of a surviving spouse’s pension payable under a judicial pension scheme shall be no less than the amount specified in section 8B(4) of the Pensions Schemes (Northern Ireland) Act 1993 and shall be assessed by reference to the service of the member of the scheme on and after 6th April 1997.

6Relationship to other benefitsI1

Any pension to which a surviving spouse is entitled to by virtue of this Order shall be reckoned towards and treated as part of any pension paid to the surviving spouse under the judicial pension scheme.

7Entitlement to have effect notwithstanding other enactmentsI1

The entitlement to a surviving spouse’s pension under this Order shall have effect notwithstanding the terms of any enactment relating to the judicial pension scheme.

8The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995I1

(1)

The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995f1 shall be amended in accordance with paragraph (2) below.

(2)

In Article 6(2), for ‘the formula ((A × B) / 200) × 3.4' substitute ‘the formula ([A × (B × 52)] / 200) × 3.4'.

Signature

Irvine of Lairg, C.

Dated 4th November 1997

Explanatory note

(This note is not part of the Order.)

This Order provides that, except in circumstances prescribed by regulations made under the Pensions Schemes (Northern Ireland) 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 (Northern Ireland) Act 1993 as amended by the Pensions (Northern Ireland) Order 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) Order (Northern Ireland) 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.