Judicial Pensions Act (Northern Ireland) 1951
An Act to amend the law relating to the pensions and other benefits payable to and in respect of certain persons who administer justice, and for purposes connected therewith.
[23rd August 1951]
Part I (ss. 1, 2) rep. by 1959 c. 7 (NI); 1959 c. 25 (NI)
Lump Sums and Widows' and Children's Pensions
Application of Part II
[ 3. Application of Part II
Without prejudice to section 2(6)(
a ) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969
1969 c.7
(application of certain provisions in respect of President of the Industrial Court or of the Industrial Tribunals), this Part shall apply in relation to service by a person as a
[ Social Security ] Commissioner
remunerated by means of a salary; but in its application to such a Commissioner this Part shall have effect subject to paragraph 7(3) and (4) of Schedule 10 to the Social Security (Northern Ireland) Act 1975
,
“ serve ” and
“ service ” being construed accordingly.]
3A. For the purpose of the calculation of any derivative benefit under this Part, in respect of a person who is eligible for a pension for service in any office, there shall be left out of account any period of service during which an election under paragraph 7A of Schedule 10 to the Social Security (Northern Ireland) Act 1975 was in force in respect of that person.
Reduction of pension in return for lump sum
S. 4 rep. by 1959 c. 25 (NI); SLR (NI) 1966
5. Lump sum on retirement or death.
— (1) Where a person on retirement becomes eligible for a pension for service, he may be granted a lump sum equal to twice the annual amount of that pension.
(2) Where a person was serving at the time of his death and, if he had then retired on the ground of permanent infirmity, would have become eligible for a pension for that service, his legal personal representatives may be granted a lump sum equal to — (a)
twice the annual amount of the pension for which he would have been so eligible; or
(b)
his last annual salary;
whichever is greater.
(3) Where a person on retirement becomes eligible for a pension for service but dies so soon thereafter that the sums paid or payable to him on account of that pension plus an amount equal to twice the annual amount of that pension fall short of his last annual salary for such service, his legal personal representatives may be granted a lump sum equal to the deficiency.
Subs. (4) spent
[ Widows', Surviving Civil Partners' and Children's Pensions ] 6. [ Power to grant widows', surviving civil partners' and children's pensions ] [ (1) ] Subject to the provisions of this Part of this Act, on the death after the commencement of this Act of a person (in this Act referred to as
“ the deceased ” ) who
— (a)
had become eligible for a pension for service; or
(b)
was serving at the time of his death and would, if he had then retired on the ground of permanent infirmity, have become eligible for a pension for such service;
there may be granted in respect of his service
—
(i) where he leaves a widow, a pension to that widow (in this Act referred to as a “ widow's pension ” );
[ (ia) where he leaves a surviving civil partner, a pension to that surviving civil partner (in this Part referred to as a “ surviving civil partner's pension ” ); and ]
[ (ii) where he had a wife or a civil partner at any time during his relevant service (whether or not the marriage or civil partnership continued until his death and whether or not a widow's pension or surviving civil partner's pension is or can be granted), a pension for the benefit of any relevant children (in this Part referred to as a "children's pension"). ]
[ (2) In subsection (1)(ii), “ relevant children ” means — (a)
in relation to a marriage, any children of the marriage, and
(b)
in relation to a civil partnership, any children of the family,
and in paragraph (b) “ children of the family ” is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995. ]
6A. Widowers'
[ and surviving civil partners ] pensions .
Section 6 shall have effect in relation to the death of a female person
[ who has, or has had, a husband or civil partner ] as it has effect in relation to the death of a male person
[ who has, or has had, a wife or civil partner ] but as if
— (a)
for the words “ widow ” , “ widow's pension ” and “ wife ” there were substituted " widower " , " “ widower's pension " and " husband " ;
(b)
for the words “ his ” and “ him ” there were substituted " her " ; and
(c)
for the word “ he ” there were substituted " she " .
(2) The transitional provisions set out in the Fourth Schedule to this Act shall have effect in relation to widowers' pensions.
[ (3) The transitional provisions set out in Schedule 4A shall have effect in relation to surviving civil partners' pensions. ]
7. [ Widows', widowers' and surviving civil partners' pensions ] — (1) No
[ widow's, widower's or surviving civil partner's ] pension may be granted if the marriage
[ or formation of the civil partnership ] with the deceased took place after he or she retired from relevant service.
(2) A [ widow's, widower's or surviving civil partner's ] pension shall come to an end on the death of the [ widow, widower or surviving civil partner ] .
(3) Where a [ widow's, widower's or surviving civil partner's ] pension is payable the Treasury may, on or at any time after [ — ] the remarriage of, or formation of a civil partnership by, the widow or widower, or
(b)
the formation of a subsequent civil partnership by, or the marriage of, the surviving civil partner, ]
direct that it shall cease to be payable.
(4) Where such a direction has been given the Treasury may at any time direct that payment of the pension is to be resumed.
(5) The annual amount of a [ widow's, widower's or surviving civil partner's ] pension may be one half of the annual amount of the personal pension. 8. Children's pension: beneficiaries.
— (1) A children's pension may be granted if, and be paid so long as and whenever, there are persons for whose benefit it can enure.
(2) Subject to the provisions of this section, the persons for whose benefit a children's pension can enure are any such children as are referred to in section six of this Act who are for the time being in their period of childhood and full-time education.
(3) A children's pension cannot enure for the benefit of any person conceived, or adopted by the deceased, after the end of his relevant service.
(4) A children's pension cannot enure for the benefit of a female person who at the time of the death of the deceased was married [ or a person who at the time of the death of the deceased was a civil partner ] and if, after the death of the deceased, a female person marries [ or a person forms a civil partnership ] , she [ or he ] shall thereupon cease to be a person for whose benefit a children's pension can enure. 9. Meaning of “ period of childhood and full-time education ” .
— (1) A person shall be deemed for the purposes of the last preceding section to be in his period of childhood and full-time education while either
— (a)
he is under the age of sixteen; or
(b)
he is receiving full-time instruction at any university, college, school or other educational establishment; or
(c)
he is undergoing training by any person (hereinafter referred to as
“ the employer ” ) for any trade, profession or vocation in such circumstances that
—
(i) he is required to devote the whole of his time to the training for a period of not less than two years; and
(ii) while he is undergoing the training, the emoluments receivable by him, or payable by the employer in respect of him, [ do not exceed the maximum allowable remuneration ] , exclusive of any emoluments receivable or payable by way of return of any premium paid in respect of the training:
Provided that a person shall not be deemed for the purposes of this section to satisfy the conditions specified in paragraph (
b ) or the conditions specified in paragraph (
c ) of this sub-section, unless there has up till then been no time since he attained the age of sixteen when he did not satisfy one or other of those conditions. Any period of whole-time service in the armed forces of the Crown under the National Service Acts, 1948 to 1950, shall be ignored for the purposes of this proviso.
(2) In the preceding sub-section the expression “ emolument ” means any salary, fees, wages, perquisites or profits or gains whatsoever, and includes the value of free board, lodging or clothing, and, for the purposes of sub-paragraph (ii) of paragraph ( c ) of the said sub-section, where a premium has been paid in respect of the training of a person, all emoluments at any time receivable by him, or payable by the employer in respect of him, shall be deemed to be receivable or payable by way of return of the premium, unless and except to the extent that the amount thereof exceeds in the aggregate the amount of the premium.
[ (2A) For the purposes of subsection (1)(c)(ii), the “ maximum allowable remuneration ” at any time is an annual rate ( £ 1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £ 250 a year — (a)
awarded under the principal civil service pension scheme (within the meaning of that Act) on 1st June 1972, and
(b)
increased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 to such a pension,
would (as so increased) be payable at that time, rounding any resulting fraction of £ 1 up to the next whole £ 1. ]
(3) As respects any period during which neither of the conditions specified in paragraphs ( b ) and ( c ) of sub-section (1) of this section is satisfied in relation to a person, the Ministry of Finance may, if it thinks fit, and is satisfied that that person's full-time education ought not to be regarded as completed, direct either — (a)
that that period shall be ignored for the purposes of the proviso to sub-section (1) of this section; or
(b)
that that period shall be so ignored and shall also be treated as part of his period of childhood and full-time education for all the other purposes of the last preceding section.
10. Children's pension: rate and mode of payment.
— (1) Only one children's pension shall be granted in respect of the service of any one person, but
— (a)
the rate thereof may vary according to the number of persons for whose benefit it can for the time being enure; and
(b)
it shall be paid to such person or persons as the Ministry of Finance may from time to time direct, and different parts thereof may be directed to be paid to different persons; and
(c)
the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as the Ministry of Finance from time to time directs.
(2) Where the deceased [ leaves no widow [ , widower or surviving civil partner ] and, if he or she leaves a widow [ , widower or surviving civil partner ] , after his or her death ] , the annual amount of a children's pension — (a)
while the persons for whose benefit it can enure are three or more in number, may amount to one-third of the annual amount of the personal pension;
(b)
while the said persons are two in number, may amount to one-quarter of the annual amount of the personal pension;
(c)
while there is only one such person, may amount to one-sixth of the annual amount of the personal pension.
(3) Subject to the provisions of the succeeding sub-section, where the deceased leaves a widow [ , widower or surviving civil partner ] , the annual amount of a children's pension during her [ or his ] life — (a)
while the persons for whose benefit it can enure are four or more in number, may amount to one-third of the annual amount of the personal pension;
(b)
while the said persons are three in number, may amount to one-quarter of the annual amount of the personal pension;
(c)
while the said persons are two in number, may amount to one-sixth of the annual amount of the personal pension;
(d)
while there is only one such person, may amount to one-twelfth of the annual amount of the personal pension.
(4) Notwithstanding anything in the foregoing provisions of this section, where the deceased [ — ] leaves a widow or widower who remarries or forms a civil partnership, or
(b)
leaves a surviving civil partner who forms a subsequent civil partnership or marries, ]
no children's pension shall be payable as respects any period when she has a husband [ or civil partner ] [ or he has a wife ] [ or civil partner ] unless the Ministry of Finance specially directs that such a pension shall be so payable, but, if the Ministry of Finance does specially so direct, it may, if it thinks fit, further direct that sub-section (2) of this section shall apply as respects any such period notwithstanding that the [ widow, widower or surviving civil partner is ] alive.
Contributions
11. Contribution towards cost of widow's and children's pension.
— (1) A contribution towards the cost of the liabilities assumed under this Part of this Act for the benefit of a
[ person's spouse ] [ or civil partner ] and children shall be made, taking the form of a reduction in the lump sum which may be granted under this Part in respect of that
[ person's service ] .
[ (1A) No contribution shall be made by a person under sub ‐ section (1) for any period of service during which an election under paragraph 7A of Schedule 10 to the Social Security (Northern Ireland) Act 1975 is in force in respect of that person. ]
(2) The amount of the contribution shall be equal to the annual amount of the personal pension:
Provided that where [ the person last had a spouse ] [ or civil partner ] at a time before the end of his [ or her ] relevant service (leaving out of account any marriage [ or the formation of a civil partnership ] 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 ] relevant service completed before that time; and
(b)
divided by the number of years of his
[ or her ] relevant service completed in all.
(3) No contribution shall be made in the case of a [ person ] who at no time during his [ or her ] relevant service had a [ spouse ] [ or civil partner ] .
[ (3A) The foregoing provisions of this section shall not apply in the case of a [ person ] continuing to serve after 17th April 1973 unless, in pursuance of regulations made under Schedule 3 to the Administration of Justice Act 19731973 c.15
, he [ or she ] elects that this Act shall apply to him [ or her ] as if that Schedule had not been passed.]
11A. Voluntary contributions.
— (1) The Lord Chancellor shall by regulations, made with the consent of the Treasury, make provision
entitling any member of a judicial pension scheme constituted by this Act to make voluntary contributions towards the cost of the provision of additional benefits
[ whether under the scheme or otherwise; or ]
imposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a)) which he may have to make any such voluntary contributions. ]
[ (1A) The regulations may make provision for the purpose of imposing, in a case where a member makes voluntary contributions, upper limits with respect to — (a)
the aggregate value of the aggregable benefits which may be paid to or in respect of any such member; and
(b)
the amount which any such member may pay by way of such contributions;
and, without prejudice to the generality of paragraph (b), the regulations may, in particular, impose such an upper limit on the amount which a member may pay by way of voluntary contributions as will, so far as reasonably practicable, secure that the aggregate value referred to in paragraph (a) will not exceed the limit prescribed under that paragraph.
(1B) The regulations may — (a)
prescribe the manner in which aggregable benefits are to be valued for the purpose of any such aggregation as is mentioned in subsection (1A);
(b)
confer on the administrators of a judicial pension scheme power to require a member who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;
(c)
permit the disclosure by those administrators of any information which they may obtain concerning any such retained benefits —
(i) to, or to any officers of, the Commissioners of Inland Revenue; or
(ii) to, or to any servants or agents of, any authorised provider who is, or may be, concerned in the investment of the voluntary contributions or the provision of the additional benefits in question. ]
(2) The regulations — (a)
may not prohibit the payment of voluntary contributions;
(b)
may not impose any limit on the amount which any member may pay by way of voluntary contributions other than
[ either or both of the following, that is to say — ] [ (i) such upper limit as may be imposed by virtue of subsection (1A)(b); or ]
[ (ii) ] an upper limit corresponding to that for the time being fixed by or under section 594 of the 1988 c. 1
Income and Corporation Taxes Act 1988 (exempt statutory schemes); (c)
must secure that any voluntary contributions paid by a member of a scheme are used to provide prescribed additional benefits for or in respect of him; and
(d)
must secure that the value of such additional benefits is reasonable, having regard to
—
(i) the amount paid by way of voluntary contributions;
(ii) the value of the other benefits provided under the scheme; and
[ (iii) the general value of benefits available to a person under any contract of life insurance entered into by him with an insurer; ]
[ but paragraphs (c) and (d) have effect only in relation to a voluntary contributions scheme constituted by or under this Act. ]
(3) The regulations may, in particular — (a)
provide that the value of additional benefits offered on payment of voluntary contributions shall be determined in accordance with prescribed rules based on tables prepared for the purposes of the regulations by the Government Actuary;
... (b)
prescribe the manner in which it is to be determined in any case whether the amount of a person's contributions exceed any
[ such limit as is mentioned in ] subsection (2)(b).
provide for any administrative expenses incurred by any person by virtue of this section to be defrayed out of sums received by way of voluntary contributions;
(d)
provide for the manner in which voluntary contributions are to be made;
(e)
make provision for, and in connection with, the valuation of a person's accrued rights —
(i) under any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, or
(ii) under any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme; (f)
prescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;
(g)
make provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;
(h)
provide for the terms on which a person may terminate his membership of a voluntary contributions scheme;
(i)
provide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;
(j)
specify any authorised providers —
(i) who are to invest any prescribed voluntary contributions, or
(ii) who are to provide any prescribed additional benefits,
and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers. ]
Subs. (4) rep. by 1993 c. 8
[ (4A) The regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed — (a)
to be charged on, and paid out of, the Consolidated Fund of the United Kingdom; or
(b)
to be paid out of money provided by the Parliament of the United Kingdom. ]
(5) Regulations made under this section may make provision for consequential and incidental matters, including, in particular, consequential provision as to any statutuory provision referring to or relating to lump sums payable under this Act.
(6) Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
[ (7) In this section — “ administrators ” , in relation to any scheme, means the persons entrusted with the administration of that scheme;
“ aggregable benefits ” means —
(a) any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1);
(b) such additional benefits so mentioned as may be prescribed; and
(c) such retained benefits as may be prescribed;
[ “ authorised provider ” , in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means —
(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to invest such sums or, as the case may be, to provide that benefit;
(b) an EEA firm of a kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit and which satisfies the conditions applicable to it which are specified in subsection (7B), (7C) or (7D); or
(c) an EEA firm of a kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit. ]
“ employment ” has the same meaning as it has in the [ Pension Schemes (Northern Ireland) Act 1993 ] (and accordingly includes employment as a self-employed earner, within the meaning of [ section 2 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ] );
[ “ insurer ” means —
(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance;
(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance; ]
“ judicial pension scheme ” means a scheme constituted by this Act;
“ member ” means member of a judicial pension scheme;
“ occupational pension scheme ” has the meaning given by [ section 1 of the Pension Schemes (Northern Ireland) Act 1993 ] ; “ personal pension scheme ” has the meaning given by [ section 1 of the Pension Schemes (Northern Ireland) Act 1993 ] ; “ prescribed ” means specified in, or determined in accordance with, the regulations;
“ relevant benefits ” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;
“ retained benefits ” , in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;
“ surplus funds ” , in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b);
“ tax-exemption ” and “ tax-approval ” have the meaning given by [ section 176(1) of the Pension Schemes (Northern Ireland) Act 1993 ] ; “ voluntary contributions ” , in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;
“ voluntary contributions scheme ” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) are, or are to be, provided;
and, where a person's voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.
[ (7A) In subsection (7), the definitions of “ authorised provider ” and “ insurer ” must be read with — (a)
section 22 of the Financial Services and Markets Act 2000;
(b)
any relevant order under that section; and
(c)
Schedule 2 to that Act.
(7B) If the EEA firm concerned is of the kind mentioned in paragraph 5(a) of Schedule 3 to the Financial Services and Markets Act 2000, the conditions are — (a)
that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on a service falling within section A or C of the Annex to the Investment Services Directive; and
(b)
that the firm is authorised by its home state authorisation to carry on that service.
(7C) If the EEA firm concerned is of the kind mentioned in paragraph 5(b) of that Schedule, the conditions are — (a)
that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive; and
(b)
that the activity in question is one in relation to which an authority in the firm's home State has regulatory functions.
(7D) If the EEA firm concerned is of the kind mentioned in paragraph 5(c) of that Schedule, the conditions are — (a)
that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive;
(b)
that the activity in question is one in relation to which an authority in the firm's home State has regulatory functions; and
(c)
that the firm also carries on the activity in question in its home State.
(7E) Expressions used in subsections (7B) to (7D) which are also used in Schedule 3 to the Financial Services and Markets Act 2000 have the same meaning in those subsections as they have in that Schedule. ]
(8) Without prejudice to subsections (3)(c) and (d) and (4A), there may be paid out of money provided by the Parliament of the United Kingdom — (a)
any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or
(b)
any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.
(9) Any sums received under this section may be paid into the Consolidated Fund of the United Kingdom. ]
Special cases
12. Persons serving again after retirement.
Where any person after retirement from service resumes
... service, that retirement shall be left out of account for all the purposes of this Part of this Act except that
— (a)
if a lump sum was granted on that retirement without any contribution being made, then unless that person on resumption of
... service, or within three months of
... marrying
[ or forming a civil partnership ] while again serving, refunds by way of contribution one half of the lump sum, no pension shall be granted to any
[ widow, widower [ , surviving civil partner ] or child of that person ] ; and
(b)
any lump sum granted on that retirement, less any refund, shall be set off against any lump sum to be granted in respect of
[ that person's ] service.
13. Persons already serving.
— (1) If a person serving at the commencement of this Act within three months of such commencement so elects
— (a)
any pension in relation to which his service was relevant service shall not be reduced under this Part of this Act; and
(b)
eligibility for any pension in relation to which that service was relevant service shall not satisfy the conditions under which a lump sum or widow's or children's pension may be granted under this Act.
(2) If such a person as aforesaid who has not made an election under the preceding sub-section, within three months of the commencement of this Act so elects — (a)
eligibility for any pension in relation to which the said service was relevant service shall not satisfy the conditions under which a widow's or children's pension may be granted under this Part of this Act; and
(b)
any lump sum payable in respect of that service shall not be reduced under section eleven of this Act.
(3) A man who after duly making an election under this section marries while still serving may within three months after the marriage by notice revoke his election.
(4) An election or notice authorised to be made under this section shall be in writing, shall be made to the Ministry of Finance, and shall be made in the life-time of the person who makes it.
Supplemental
14. Savings for allocation of pension and for reduction of pension under National Insurance Act.
— (1) The fact that this Part of this Act applies to a person shall not affect any rights of his under section two of the Superannuation Act (Northern Ireland), 1935
1935 c.2
(which provides for the partial allocation of superannuation benefits to wives and dependants) and any calculations to be made under this Part of this Act shall be made as if any surrender under that section of a part of a pension had not been made.
(2) In making any calculation under this Part of this Act any abatement of a pension falling to be made under regulations made under sub-section (4) of section sixty-six of the National Insurance Act (Northern Ireland), 1946 (which authorises the modification of any pensions scheme in connection with the passing of that Act) shall be left out of account.
15. Effect under this Act of certain nullity decrees
Where a marriage or civil partnership which is voidable, but not void from the beginning, is annulled by any court, the same results shall follow under this Part of this Act as would have followed if the marriage or the civil partnership had not been voidable but had been dissolved at the date of the annulment.
[ 16. Departmental recommendation required in certain cases.
The grant under this Part of this Act of a lump sum or
[ widow's, widower's, surviving civil partner's ] or children's pension conditional on eligibility for a pension for service as a
[ Social Security ] Commissioner
shall require the recommendation of the
[ Lord Chancellor ] .]
17. Consequential provisions for reduction of personal pension.
The Second Schedule to this Act shall have effect for the purposes of the reduction of personal pension in accordance with the foregoing provisions of this Part of this Act.
18. Incidence of liability in respect of benefits under this Part of this Act.
The Third Schedule to this Act shall have effect for assimilating the liability to pay, or bear the cost of, any derivative benefit with the liability to pay, or bear the cost of, the personal pension.
Part III (s. 19) spent
PART IV
General
20. Satisfactory health requisite for certain appointments.
… , a person about to be appointed to any office [
referred to in this Act (other than a
[ Social Security ] Commissioner
) shall before] being so appointed, furnish to the Minister on whose advice the appointment is to be made satisfactory evidence that his health is suitable for the discharge of the duties of such office.
21. Financial provisions.
— (1) There shall be charged on and paid out of the Consolidated Fund
— Para. (a) rep. by 1959 c. 25 (NI)
(b)
any lump sum or
[ widow's, widower's, surviving civil partner's ] or children's pension if and so far as it is directed by this Act to be so paid.
(2) There shall be paid out of moneys provided by Parliament — (a)
any lump sum or
[ widow's, widower's, surviving civil partner's ] or children's pension if and so far as it is directed by this Act to be so paid;
(b)
any increase attributable to this Act in any sums which under any other enactment are to be so paid.
(3) There shall be paid into the Exchequer — (a)
any refund of part of a lump sum, if and so far as it is directed by this Act to be so paid;
(b)
any increase attributable to this Act in the sums which, under the Superannuation Act (Northern Ireland), 1949
1949 c.13
, fall to be so paid.
22. Interpretation.
— (1) In this Act, unless the context otherwise requires, the expression
— Definition rep. by 1959 c. 25 (NI)
“ derivative benefit ” means any lump sum under this Act or any
[ widow's, widower's, surviving civil partner's ] or children's pension;
Definition rep. by 1959 c. 25 (NI)
[ “ Social Security Commissioner ” means a Social Security Commissioner appointed under section 50(1) of the Social Security Administration (Northern Ireland) Act 1992; ]
“ relevant service ” means service in one or more than one of the capacities referred to in section three of this Act, including service before the passing of this Act, and in relation to any derivative benefit or any contribution taking the form of a reduction in a derivative benefit the said expression has the same meaning as it has in relation to the personal pension;
“ the personal pension ” in relation to any derivative benefit or contribution taking the form of a reduction in a derivative benefit, means the pension eligibility for which is a condition of the granting of the derivative benefit.
Subs. (2) rep. by 1959 c. 25 (NI)
Subs. (3) rep. by 1987 NI 22
Subs. (4) rep. by 1954 c. 33 (NI) 23. Short title.
This Act may be cited as the Judicial Pensions Act (Northern Ireland), 1951.
SCHEDULES
First Schedule rep. by 1959 c. 25 (NI)
Second Schedule — para. 1 spent; paras. 2, 3 rep. by 1959 c. 25 (NI); para. 4 rep. by SLR (NI) 1966
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THIRD SCHEDULE
Section 18.
FINANCIAL
1. Save as otherwise directed by this Schedule, any derivative benefit shall be paid out of moneys provided by Parliament.
2. If the personal pension is or would be payable out of the Consolidated Fund, the derivative benefit shall be payable in the same manner.
Para. 3 rep. by 1962 c. 9 (NI)
4. — (1) Any refund of the half of a lump sum under section thirteen of this Act shall be paid into the Exchequer.
(2) Where such a refund is made as aforesaid, all such adjustments shall be made, including payments out of the Consolidated Fund or out of moneys provided by Parliament and payments into the Exchequer, as will secure that the position is the same as if the lump sum had been half what it was and no refund had been made. 5. In this Schedule any reference to a lump sum shall be construed as a reference to the net amount after any reduction under section twelve of this Act has been made and references in the preceding paragraphs of this Schedule to contributions do not include references to the contribution referred to in the said section twelve.
FOURTH SCHEDULE
Section 6A(2).
WIDOWERS' PENSIONS: TRANSITIONAL PROVISIONS
1. General
In this Schedule
—
“ the commencement date ” means the date on which Schedule 1 to the Judicial Pensions (Northern Ireland) Order 1991 came into operation; and
“ member ” means a female person who holds judicial office and to, or in respect of whom, benefits are payable under this Act on her retirement. 2. Service wholly before the commencement date
Subject to paragraph 3, no widower's pension shall be payable in respect of a member who retires on or before the commencement date.
3. Members retiring between 7th December 1989 and commencement date
— (1) A member who retires
— (a)
on or after 7th December 1989; but
(b)
before the commencement date,
may, before the end of the period of six months beginning with the commencement date, opt for her husband to be entitled to a widower's pension on her death.
(2) Regulations may make provision as to — (a)
the manner and form in which an option under this paragraph is to be exercised;
(b)
the payment, by any member exercising such an option, of a contribution towards the cost of liability for the widower's pension; and
(c)
the annual value of a widower's pension granted as a result of the exercise of the option given by this paragraph.
(3) Regulations for the purposes of sub-paragraph (2) — (a)
may be made, with the concurrence of the Treasury, by the Lord Chancellor; and
(b)
shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
4. Service partly before and partly after the commencement date
— (1) No widower's pension shall be payable in respect of a member who
— (a)
holds judicial office on or before the commencement date; and
(b)
continues to do so after that date,
unless, before the end of the period of six months beginning with that date, she opts for her husband to be entitled to a widower's pension on her death.
(2) A member exercising such an option shall specify whether the annual value of the widower's pension is to be calculated — (a)
under sub-paragraph (3); or
(b)
on the assumption that all her relevant service fell after the commencement date.
(3) Where the annual value of a widower's pension falls to be calculated under this sub-paragraph its value shall be determined by applying the formula —
where — WP1 is the annual value of the widower's pension,
WP2 is the annual value of the widower's pension that would be payable on the assumption mentioned in sub-paragraph (2)(b),
RS1 is the length of the member's relevant service after the commencement date, and
RS2 is the whole of her relevant service.
(4) No period of service during which an election under paragraph 7A of Schedule 10 to the Social Security (Northern Ireland) Act 1975 is in force in respect of the member concerned shall be taken into account for the purposes of any calculation under sub-paragraph (3).
(5) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service before the commencement date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service before that date adds to the amount of the personal pension.
SCHEDULE 4A
Section 6A(3).
SURVIVING CIVIL PARTNERS' PENSIONS: TRANSITIONAL PROVISIONS
1. General
In this Schedule
—
“ the relevant date ” means 4th December 2005; and
“ member ” means a person who holds judicial office and to or in respect of whom benefits are payable under this Act on his or her retirement. 2. Service wholly on or before the relevant date
No surviving civil partner's pension shall be payable in respect of a member who retires on or before the relevant date.
3. Service on and after the relevant date
— (1) A member who
— (a)
holds judicial office on the relevant date; and
(b)
continues to do so after that date,
shall have the annual value of a surviving civil partner's pension in respect of the member calculated on the assumption that all of the member's relevant service fell after the relevant date.
(2) Sub-paragraph (1) does not apply if, within six months of the date of the member's formation of a civil partnership, the member opts for the annual value of the surviving civil partner's pension to be calculated under sub-paragraph (3).
(3) Where the annual value of a surviving civil partner's pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula — CPP1 = (CPP2 x RS1) divided by RS2
where — CPP1 is the annual value of the surviving civil partner's pension,
CPP2 is the annual value of the surviving civil partner's pension that would be payable on the assumption mentioned in sub-paragraph (1),
RS1 is the length of the member's relevant service after the relevant date, and
RS2 is the whole of the member's relevant service.
(4) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension.
(5) No period of service during which an election under paragraph 7A of Schedule 10 to the Social Security (Northern Ireland) Act 1975 is in force in respect of the member concerned shall be taken into account for the purposes of any calculation under sub-paragraph (3).
(6) An election under sub-paragraph (2) must be made in writing to the administrators.
(7) An election under sub-paragraph (2) is irrevocable. 
