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Part IIU.K.[F1LUMP SUMS AND WIDOWS', SURVIVING CIVIL PARTNERS' AND CHILDREN'S PENSIONS]

Textual Amendments

Modifications etc. (not altering text)

C1Pt. II (ss. 16-29) modified (31.3.1995) by 1993 c. 8, s. 14(3), (with s. 1); S.I. 1995/631, art. 2

Pt. II (ss. 16-29) excluded (31.3.1995) by 1993 c. 8, s. 14(4), (with s. 1); S.I. 1995/631, art. 2

16 Application of Part II, and interpretation.U.K.

In this Part of this Act—

  • “judicial office” means an office in column 1 of the following Table,

  • “derivative benefit” means any lump sum under this Part of this Act or any [F2widow's, widower's, surviving civil partner's] or children’s pension,

  • “the personal pension”, in relation to any derivative benefit or contribution to the cost of a derivative benefit (the “related” derivative benefit or contribution) means the pension eligibility for which is a condition of the granting of the derivative benefit,

  • “relevant service”, in relation to a pension for service in a judicial office, or in relation to a related benefit or contribution, means the kind of service, under one or more appointments, set out against that judicial office in column 2 of the Table.

    Table

    Judicial officeRelevant service
    F3. . .F3. . .
    [F4Judge of the Supreme Court].Service as a [F5judge of the Supreme Court] or as a judge of the [F6Senior Courts], the Court of Session or the [F7Court of Judicature].
    Judge of the [F6Senior Courts].Service as a [F5judge of the Supreme Court] or as a judge of the [F6Senior Courts].
    Judge of the Court of Session.Service as a [F5judge of the Supreme Court] or as a judge of the Court of Session.
    Judge of the [F7Court of Judicature].Service as a [F5judge of the Supreme Court] or as a Judge of the [F7Court of Judicature].
    Circuit judge in England and Wales.Service as a Circuit judge.
    Sheriff principal or salaried sheriff in Scotland.Pensionable service as a sheriff in Scotland.
    Stipendiary magistrate in England and Wales.Service as a stipendiary magistrate in England or Wales.
    Judge Advocate General who has duly elected that section 9 of this Act shall apply to him.Service as Judge Advocate General.
    Member of F8. . . Lands Tribunal for Scotland.Service as a member of [F9that Tribunal]
    Chairman of the Scottish Land Court.Service as Chairman of the Scottish Land Court.
    [F10Any office pensionable under section 12 of this Act].Relevant service as defined by section 12(5) of this Act.
    Social Security Commissioner.Salaried service as a Social Security Commissioner, and any other service which under section 13(4)(b)of this Act counts as service as a Commissioner.
    Any office in paragraph 1 of Schedule 1 to this Act, except where under paragraph 3 of that Schedule this Part of this Act does not apply.Relevant service as defined in paragraph 2 of Schedule 1 to this Act in relation to the office.

Textual Amendments

F2S. 16: words in definition of "derivative benefit" substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 52

F4S. 16: words in table entry substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 37(1)(a), 148(1); S.I. 2009/1604, art. 2(a)

F5S. 16: words in table entries substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 37(1)(b), 148(1); S.I. 2009/1604, art. 2(a)

F6S. 16: words in table entries substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 25(3); S.I. 2009/1604, art. 2(d)

F7S. 16: words in table entries substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 25(3); S.I. 2009/1604, art. 2(d)

F10S. 16: words in table entry substituted (1.8.1998) by 1998 c. 8, ss. 1(2), 15, 16(3)(b), Sch. 1 para. 4; S.I. 1998/1658, art. 2(1), Sch. 1

[F1116A

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 judicial office, there shall be left out of account any period of service during which an election under section 14A was in force in respect of that person.]

Textual Amendments

17 Lump sum on retirement or death. U.K.

(1)Where a person on retirement becomes eligible for a pension for service in any judicial office, he may be granted a lump sum equal to twice the annual amount of that pension.

(2)Where a person was serving in any judicial office 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 the greater.

[F12(2A)Subsection (2) does not apply where, at the date of the person’s death—

(a)the person is a member of a scheme under section 1 of the Public Service Pensions Act 2013, and

(b)a lump sum is payable under that scheme on the person’s death.]

(3)Where a person on retirement becomes eligible for a pension for service in any judicial office but dies so soon after 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.

(4)In relation to [F13any] office pensionable under section 12 above, any reference in this section to last annual salary is a reference to last annual remuneration apart from any allowances.

Textual Amendments

F13Word in s. 17(4) substituted (1.8.1998) by 1998 c. 8, ss. 1(2), 15, 16(3)(b), Sch. 1 para. 5; S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C2S. 17 (except subsections (2)(b) and (3)) extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I.) 1988/293, art. 6 Table

[F14Widows', surviving civil partners' and children's pensions]U.K.

Textual Amendments

18 Conditions of grant. U.K.

(1)Subject to the provisions of this Part of this Act, on the death of a male person (hereinafter in this Part of this Act referred to as “the deceased”) who—

(a)had become eligible for a pension for service in any judicial office, or

(b)was serving in any judicial office 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 that service,

there may be granted in respect of his service—

(i)where he leaves a widow, a pension to that widow (hereafter in this Part of this Act referred to as a “widow’s pension”),

[F15(ia)where he leaves a surviving civil partner, a pension to that surviving civil partner (hereafter in this Part of this Act referred to as a “surviving civil partner's pension”), and]

[F16(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 (hereafter in this Part of this Act referred to as a “children's pension”) for the benefit of any relevant children.]

[F17(1A)In subsection (1)(ii) above, “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) of this subsection “children of the family” is to be construed in accordance with section 105(1) of the Children Act 1989 M1 or (in relation to Scotland) section 101(7) of the Civil Partnership Act 2004 M2.]

(2)If [F18the Treasury] is satisfied that a person (“the child”) excluded from subsection (1)(ii) above because adopted after the termination of the marriage [F19or civil partnership] was before the termination of the marriage [F19or civil partnership] wholly or mainly dependent on the deceased person, and that the deceased person had before the termination of the marriage [F19or civil partnership] formed the intention of adopting the child, [F18the Treasury] may direct that the said exclusion in subsection (1)(ii) above shall not apply to the child.

F20(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C3S. 18 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I) 1988/293, art. 6 Table

Marginal Citations

[F2118A Widowers’ [F22and surviving civil partners'] pensionsU.K.

(1)Section 18 above shall have effect in relation to the death of a female person [F23who has, or has had, a husband or civil partner] as it has effect in relation to the death of a male person [F24who 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”; and

(b)for the words “his”, “he” and “him” there were substituted “hers”, “she” and “her”.

(2)The transitional provisions in Part IV of Schedule 2 to this Act shall have effect in relation to widowers’ pensions.

[F25(2A)The transitional provisions in Part 5 of Schedule 2 to this Act shall have effect in relation to surviving civil partners' pensions.]]

Textual Amendments

[F2619[F27Widows', widowers' and surviving civil partners' pensions]U.K.

(1)No [F28widow's, widower's or surviving civil partner's] pension may be granted if the marriage [F29or formation of the civil partnership] with the deceased took place after he or she retired from relevant service.

(2)A [F30widow's, widower's or surviving civil partner's] pension shall come to an end on the death of the [F31widow, widower or surviving civil partner].

(3)Where a [F32widow's, widower's or surviving civil partner's] pension is payable the Treasury may, on or at any time after

[F33(a)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 [F34widow's, widower's or surviving civil partner's] pension may be one half of the annual amount of the personal pension.]

Textual Amendments

20 Children’s pension: beneficiaries.U.K.

(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 subsection (1) or subsection (3) of section 18 above, as the case may be, 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 a person conceived after the end of the deceased’s relevant service.

(4)A children’s pension cannot enure for the benefit of any person who was adopted by the deceased after the end of his relevant service:

Provided that if [F35the Treasury] is satisfied that a person (“the child”) falling within this subsection was before the end of the relevant service wholly or mainly dependent on the deceased person, and that the deceased person had, before the termination of the relevant service, formed the intention of adopting the child [F35the Treasury] may direct that this subsection shall not apply to the child.

(5)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 [F36or 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 [F37or a person forms a civil partnership], she [F38or he] shall thereupon cease to be a person for whose benefit a children’s pension can enure.

F39(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C4S. 20 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I.) 1988/293, art. 6 Table

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

(1)A person shall be deemed for the purposes of section 20 above 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, [F40do 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.

(2)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 subsection (1) above, 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.

(3)In subsection (1) above “emoluments” 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 paragraph (c)(ii) of that subsection, 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.

[F41(3A)For the purposes of subsection (1)(c)(ii) above, 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)first awarded under the principal civil service pension scheme 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.]

(4)As respects any period during which neither of the conditions specified in paragraphs (b) and (c) of subsection (1) above is satisfied in relation to a person, [F42the Treasury 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 subsection (2) above, 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 section 20 above.

F43(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C5S. 21 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I) 1988/293, art. 6 Table

C6S. 21(1)(c)(ii) amended (8.4.1991) by virtue of S.I.1991/862, art. 2

C7S. 21(1)(c)(ii) amended (6.4.1992) by S.I. 1992/360, art. 2;

S. 21(1)(c)(ii) amended (12.4.1993) by S.I. 1993/220, art. 2;

S. 21(1)(c)(ii) amended (11.4.1994) by S.I. 1994/350, art. 2

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

(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 [F44the Treasury] 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 [F44the Treasury] from time to time directs.

(2)Where the deceased [F45leaves no widow [F46, widower or surviving civil partner] and, if he or she leaves a widow [F46, 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 two or more in number, may amount to two-thirds of the annual amount of the personal pension,

(b)while there is only one such person, may amount to one-third of the annual amount of the personal pension.

(3)Subject to the provisions of subsection (4) below, where the deceased leaves a widow [F47, widower or surviving civil partner], the annual amount of a children’s pension during her life—

(a)while the persons for whose benefit it can enure are two or more in number, may amount to one half the annual amount of the personal pension,

(b)while there is only one such person, may amount to one quarter of the annual amount of the personal pension.

(4)Notwithstanding anything in the preceding provisions of this section, where the deceased

[F48(a)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 [F49or civil partner][F50or he has a wife][F51or civil partner] unless the [F52Treasury] specially directs that such a pension shall be so payable, but, [F52if the Treasury does specially so direct, it may, if it thinks fit], further direct that subsection (2) above shall apply as respects any such period notwithstanding that the [F53widow, widower or surviving civil partner is] alive.

(5 )F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C8S. 22 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I.) 1988/293, art. 6 Table

ContributionsU.K.

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

(1)There shall be made towards the cost of the liability for any pension or pensions under sections 16 to 20 above in respect of a [F55person’s] relevant service such contribution as may be prescribed by regulations made for the purposes of this section.

[F561ANo contribution shall be made by a [F55person] for any period of service during which an election under section 14A is in force in respect of him.]

(2)The prescribed contributions shall be in the form either of a reduction of the lump sum payable in respect of the relevant service or deductions from the salary payable in respect of the relevant service, or partly in one of those forms and partly in the other.

(3)Regulations made for the purposes of this section may make provision for consequential and incidental matters, including provision excluding or modifying the operation of this Act or any enactment passed before 18th April 1973; and in particular any regulations providing for contributions by deduction from salary may make consequential provision as to any enactment referring or relating to lump sums payable under this Part of this Act.

(4)Regulations for the purposes of this section may be made, with the concurrence of [F57the Treasury], by the Lord Chancellor or, in relation to pensions for service in offices existing only in Scotland, by the Secretary of State.

(5)Regulations under this section shall be made by statutory instrument which shall be subject to annulment pursuant to a resolution of either House of Parliament.

Textual Amendments

Modifications etc. (not altering text)

C9S. 23 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I.) 1988/293, art. 6 Table

F5824

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special casesU.K.

25 Persons serving again after retirement.U.K.

(1)Where any person after retirement from service in a judicial office resumes F59. . . 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 [F60by virtue of section 23] being made, then unless that person on resumption of F59. . . service, or within three months of F59. . . marrying [F61or forming a civil partnership] while again serving, refunds by way of contribution such sum, not exceeding three quarters of the lump sum granted on the prior retirement as [F62the Treasury] may determine, no pension shall be granted to any [F63widow, widower [F64, 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 [F65that person’s] service.

F66(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where a refund is made under subsection (1) above, all such adjustments shall be made, including payments out of the Consolidated Fund or out of money provided by Parliament and payments into the Exchequer, as will secure that the position is the same as if the lump sum had been reduced by an amount equal to the refund and no refund had been made.

Textual Amendments

F60Words in s. 25(1)(a) inserted (3.1.2012) by Pensions Act 2011 (c. 19), s. 38(4), Sch. 5 para. 2(2); S.I. 2011/3034, art. 3(j)

F6726 Lord Chancellor.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SupplementalU.K.

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

In making any calculation under this Part of this Act any abatement of a pension falling to be made under any order made under section 65 of the M3Social Security Act 1973 shall be left out of account.

Marginal Citations

[F6828 Effect of certain nullity decrees. U.K.

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 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.]

Textual Amendments

Modifications etc. (not altering text)

29 Recommendation of a Minister required in certain cases.U.K.

The grant under this Part of this Act of a lump sum or [F69widow's, widower's, surviving civil partner's] or children’s pension conditional on eligibility for a pension requiring the recommendation to [F70the Treasury or any Minister of the Crown] shall require the like recommendation.

Textual Amendments

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