Section 9 Contribution towards cost of widow's and children's pension.

F1(1)

A contribution towards the cost of the liabilities assumed under this Act for the the benefit of a resident magistrate's widowF2 widower and children shall be made, taking the form of a reduction in the lump sum which may be granted under this Act.

F3(1A)

No contribution shall be made by a person under sub‐section (1) for any period of service during which an election under section 2A is in force in respect of that person.

(2)

The amount of the contribution shall, subject to sub-sections (3) and (4), be equal to the annual amount of the personal pension.

(3)

Where a resident magistrate (not being a person to whom paragraph (b) of sub-section (2) of section two applies) last had a wife or a husband at a time before the end of his or her service (leaving out of account any marriage after the end of that service) the amount of the contribution shall be the annual amount of the personal pension—

(a)

multiplied by the number of years of his or her service completed before that time; and

(b)

divided by the number of years of his or her service completed in all.

(4)

Where a resident magistrate (being a person to whom paragraph (b) of sub-section (2) of section two applies) last had a wife or a husband at a time before the end of his or her service as a resident magistrate or of his or her service in whole-time employment to which the Superannuation Acts apply (leaving out of account any marriage after the end of his or her service as a resident magistrate), the amount of the contribution shall be the annual amount of the personal pension—

(a)

multiplied by the number of years of his or her aggregated service completed before that time; and

(b)

divided by the number of years of his or her aggregated service completed in all.

(5)

A contribution shall not be made—

(a)

in the case of a person (not being a person to whom paragraph (b) of sub-section (2) of section two applies) who had not a wife or a husband at any time during his or her service as a resident magistrate; or

(b)

in the case of a person (being a person to whom paragraph (b) of sub-section (2) of section two applies) who had not a wife or a husband at any time during his or her service as a resident magistrate or his or her service in whole-time employment to which the Superannuation Acts apply; or

(c)

in the case of a person (being a person to whom paragraph (b) of sub-section (2) of section two applies) who—

(i)

was not a participant in the Widows' and Children's Pension Scheme established under the Superannuation Act (Northern Ireland), 1949 1949 c.44; and

(ii)

last had a wife or a husband at a time before his or her appointment as a resident magistrate.

F4[(5A

The foregoing provisions of this section shall not apply in the case of a man continuing to serve after 17th April 1973 unless, in pursuance of regulations made under Schedule 3 to the Administration of Justice Act 1973 1973 c.15, he elects that this Act shall apply to him as if that Schedule had not been passed.]

Section 9 Contribution towards cost of widow's and children's pension.

Annotations

Textual amendments

Notes on the whole Act

Textual amendments