Judicial Pensions Act 1981

Part I Rate of Pension

Chapter I The Higher Judiciary

1 Interpretation.

2 Rate of pension.

3 Former holder of office other than high judicial office.

4 Provision against double pensions.

Chapter II Other Judicial Offices

5 Circuit judge in England or Wales.

6 Sheriffs in Scotland.

7 Stipendiary magistrates in England and Wales.

8 Judge Advocate General: choice between civil service scheme and special provision.

9 Judge Advocate General: special provision.

10 President or other member of either Lands Tribunal.

11 President of pensions appeals tribunals.

12 President or chairman of industrial tribunals.

13 Social Security Commissioner.

13A Registrar of Criminal Appeals.

14 Other judicial offices.

14A(1) The provisions regulating the pensions which may be received...

15 Minister to determine certain questions.

Part II Lump Sums and Widows’ and Children’s Pensions

16 Application of Part II, and interpretation.

16AFor the purpose of the calculation of any derivative benefit...

17 Lump sum on retirement or death.

Widows’ and children’s pensions

18 Conditions of grant.

18A Widowers’ pensions

19 Widows’ and widowers’ pensions.

20 Children’s pension: beneficiaries.

21 Meaning of “period of childhood and full-time education”.

22 Children’s pension: rate and mode of payment.

23 Contribution towards cost of widow’s and children’s pension.

24 Judicial office held by a woman.

25 Persons serving again after retirement.

26 Lord Chancellor.

27 Disregard of abatement of pension under s. 65 of Social Security Act 1973.

28 Effect of certain nullity decrees.

29 Recommendation of a Minister required in certain cases.

Part III Supplemental

29ATransfer of accrued benefits.

29B Pension credits: restriction on payments

30 Saving for Pensions (Increase) Act.

31 Payments charged on Consolidated Fund.

32 Other financial provisions.

33 Interpretation.

33A Voluntary contributions.

34 County court registrars and assistant registrars.

35 Saving for certain Circuit judges in the City of London.

36 Transitory provisions, amendments and repeals.

37 Short title and commencement.

SCHEDULE 1 CERTAIN SUPREME COURT AND COUNTY COURT OFFICERS, AND PRESIDENT OF TRANSPORT TRIBUNAL

1This Schedule applies to the following officers:— Supreme Court officers...

Relevant service

2(1) In this Schedule “relevant service” in relation to any...

Person within principal civil service pension scheme prior to appointment

3(1) This paragraph has effect as respects a person who...

Part II Pension Benefits

Personal pension

4(1) An officer to whom this Schedule applies may be...

Retirement for ill-health

5An officer to whom this Schedule applies who retires on...

Retirement before qualifying for pension

6An officer to whom this Schedule applies who—

Premature retirement on abolition of office

7An officer to whom this Schedule applies may on retirement...

Discharge for inefficiency

8(1) If an officer to whom this Schedule applies is...

Re-employment after retirement

9(1) If a person to whom a pension has been...

Allocation of benefit to spouse or dependant

10(1) In this paragraph and paragraphs 11 and 12 below—...

11(1) A derivative pension for the benefit of the spouse...

12(1) Any suspension of a pension under paragraph 9 above...

13The fact that Part II of this Act applies to...

Allocation of benefit on marriage after retirement

14(1) This paragraph has effect as respects an officer to...

Part III Persons Injured, or Contracting Disease, In Discharge of Their Duties

15(1) This paragraph applies where an officer to whom this...

16(1) Any annual allowance granted under paragraph 15 above to...

17(1) If a warrant under paragraph 15 above authorises the...

Part IV Supplemental

Temporary abatement of salary to be disregarded

18Any reference in this Schedule to the salary of an...

Service in the armed forces

19An officer to whom this Schedule applies shall not be...

Distribution of money without representation

20(1) Where on the death of an officer to whom...

Delegation of Minister’s power to grant pensions or other benefits

21The Treasury may, to such extent and subject to such...

Minister to determine certain questions

22The decision of the Treasury shall be final on any...

President of the Transport Tribunal

23(1) Any pension benefit paid to or in respect of...

SCHEDULE 1A TRANSFER OF ACCRUED BENEFITS

1In this Schedule— “authorised insurance company” means an insurance company...

2Regulations for the purposes of this Schedule—

Other provisions about transfer values

3Chapter 1 of Part 4ZA of the Pension Schemes Act...

Part II Transfers Out

Qualifying members

4(1) Where the conditions mentioned in sub-paragraph (2) are satisfied,...

Qualifying member’s right to a transfer payment

5(1) When his qualifying service ends, a qualifying member acquires...

Method of taking cash benefit

6(1) A qualifying member who acquires a right to a...

Calculation of cash equivalents

7(1) Cash equivalents are to be calculated and verified in...

Time within which option must be exercised

8(1) A qualifying member may only exercise his option on...

Option to be exercised in writing

9(1) A qualifying member may only exercise his option by...

Cancellation of exercise of option

10(1) A qualifying member may cancel the exercise of his...

Part III Transfers In

Application to accept payment into scheme

11(1) Where a member of a scheme has asked the...

Cancellation of request

12(1) A member may, by notice in writing given to...

13Regulations may— (a) prescribe limits on the amounts which the...

SCHEDULE 2 TRANSITORY PROVISIONS

The Higher Judiciary

1(1) In the case of a person holding high judicial...

2(1) Section 5 and the other provisions of this Act...

Stipendiary magistrates in England and Wales

3In the case of a person who at a time...

4This Act shall not apply to a pension or other...

5In relation to persons who did not serve as stipendiary...

Application of Part II to certain abolished offices

6(1) Section 16 of this Act shall have effect as...

Officers within Schedule 1 to this Act

7(1) This paragraph has effect as respects an officer of...

8(1) This paragraph has effect as respects a county court...

9(1) Schedule 1 to this Act shall not apply to...

High Court registry at Liverpool or Manchester

10(1) The repeals made by this Act in the County...

Judicial offices within Chapter II of Part I

11Subject to the preceding provisions of this Schedule, Chapter II...

Part II Derivative Benefits

Person serving on 15 December 1950: election against all derivative benefits

12(1) This paragraph applies to a person in whose case...

Persons serving on 15 December 1950: election against benefits for widow and children

13(1) This paragraph applies to a person in whose case...

Relevant service wholly before 18 April 1973

14(1) Where the relevant service was wholly before 18 April...

Persons serving on 18 April 1973: election for application of paragraph 14 above

15(1) Subject to paragraph 28 below, this paragraph applies in...

Pension not wholly attributable to service after 17 April 1973

16(1) Subject to paragraph 28 below, this paragraph applies in...

Persons serving on 18 April 1973: election for pensions wholly attributable to service on or after that date

17(1) This paragraph applies in relation to a person in...

Saving for provisions about elections

18The repeals made by this Act shall not affect any...

Part III Modification of Part II in Relation to Service before April 1973

19In the cases specified in paragraphs 14 and 15 above...

Widow’s pension

20In section 19(3) for “one half” substitute “ one third...

Children’s pension

21In section 22 for subsections (2) and (3) substitute—

22Neither section 23, nor any regulations under that section, shall...

23(1) The contribution shall take the form of a reduction...

Part IV Widower’s Pensions

24In this Part of this Schedule— “ the commencement date...

Service wholly before the commencement date

25Subject to paragraph 26, no widower’s pension shall be payable...

Members retiring between publication and commencement date

26(1) A member who retires— (a) on or after the...

Service partly before and partly after the commencement date

27(1) No widower’s pension shall be payable in respect of...

Pension not wholly attributable to service after 17 April 1973

28(1) This paragraph applies to a member who, apart from...

PART 5SURVIVING CIVIL PARTNERS' PENSIONS

29In this Part of this Schedule— “ the relevant date...

Service wholly on or before the relevant date

30No surviving civil partner's pension shall be payable in respect...

Service on and after the relevant date

31(1) A member who— (a) holds judicial office on the...

SCHEDULE 3 CONSEQUENTIAL AMENDMENTS

Supreme Court of Judicature (Consolidation) Act 1925 (c. 49)

1Section 118 of the Supreme Court of Judicature (Consolidation) Act...

Superannuation Act 1965 (c. 74)

2In section 39A of the Superannuation Act 1965 (inserted by...

Parliamentary Commissioner Act 1967 (c. 13)

3(1) Schedule 1 to the Parliamentary Commissioner Act 1967 shall...

Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

4(1) The Superannuation (Miscellaneous Provisions) Act 1967 shall be amended...

Courts Act 1971 (c. 23)

5In section 19(5) of the Courts Act 1971 for “the...

6(1) Schedule 2 to the Courts Act 1971 shall be...

Pensions (Increase) Act 1971 (c. 56)

7(1) The Pensions (Increase) Act 1971 shall have effect in...

Superannuation Act 1972 (c. 11)

8(1) In section 13(1) of the Superannuation Act 1972 for...

Administration of Justice Act 1973 (c. 15)

9In section 9(4) of the Administration of Justice Act 1973...

Social Security Act 1980 (c.30)

10In section 13(5)(a) of the Social Security Act 1980 for...

SCHEDULE 4 REPEALS

Judicial Pensions Act 1981

1981 c. 20

An Act to consolidate certain enactments relating to pensions and other benefits payable in respect of service in judicial office, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[21st May 1981]