The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005

Article 93

SCHEDULE 2Amendments of subordinate legislation made pursuant to the Administration of Justice Act 1973

The Judicial Pensions (Northern Ireland) (Widows' and Children’s Benefits) Regulations 1987(1)

1.  The Judicial Pensions (Northern Ireland) (Widows' and Children’s Benefits) Regulations 1987 are amended as follows.

2.—(1) Regulation 2 (interpretation and scope of regulations) is amended as follows.

(2) In paragraph (1)—

(a)in the definition of “contribution”, for “or children's” substitute “, surviving civil partner’s or children's”,

(b)in the definition of “office-holder”, after “widow's” insert “, or surviving civil partner's”,

(c)in the definition of “personal pension”—

(i)for “he”, in each place, substitute “the office-holder”, and

(ii)for “his” substitute “the office-holder's”,

(d)in the definition of “responsible authority”, for “his” substitute “the office-holder's”, and

(e)after “references to a widow's” insert “or a surviving civil partner's”.

(3) In paragraph (2), after “decrees” insert “and nullity orders”.

3.—(1) Regulation 4 (application of Part II) is amended as follows.

(2) In paragraph (1), for “his” substitute “the office-holder's”.

(3) In paragraph (2)—

(a)for “his”, in each place, substitute “the office-holder's”, and

(b)after “wife” insert “, or in the case of a person who at no time during their service had a civil partner”.

4.—(1) Regulation 5 (relevant service wholly after 17^th April 1973) is amended as follows.

(2) For the title substitute—

“Relevant service wholly after 17^th April 1973 (in relation to widows' pensions) or 4th December 2005 (in relation to surviving civil partners' pensions)”.

(3) For paragraph (1) substitute—

“(1) If the whole of the office-holder’s relevant service is or, by virtue of an election made under section 10(4)(a) of the Act of 1973, or an option exercised under either paragraph 3 (2) of Schedule 2B to the Act of 1959 or paragraph 7 (2) of Schedule 2 to the Act of 1960, is treated as service after 17th April 1973, for the purpose of widow’s pensions, or 4th December 2005, for the purpose of surviving civil partner’s pensions, the amount of the contribution shall be three quarters of the lump sum.”.

(4) In paragraph (2)—

(i)after “wife”, in each place, insert “or civil partner”,

(ii)for “his”, in each place, substitute “the office-holder's”, and

(iii)for “he” substitute “the office-holder”.

5.—(1) Regulation 6 (relevant service partly before 18^th April 1973) is amended as follows.

(2) In the title, after “1973” insert “(in relation to widow’s pensions)”.

(3) After “If” insert “, for the purposes of widow’s pensions,”.

6.  After regulation 6 insert—

“Relevant service partly before 5th December 2005 (in relation to surviving civil partner’s pensions)

6A.—(1) If, for the purposes of surviving civil partner’s pensions, the office-holder’s relevant service is not, or is not treated as, wholly after 4th December 2005 by virtue of an election made by the office holder under either paragraph 3(2) of Schedule 2A to the Act of 1959 or paragraph 7(2) of Schedule 2 to the Act of 1960, such that the surviving civil partner’s pension falls to be calculated under either paragraph 3(3) of Schedule 2A to the Act of 1959 or paragraph 7(3) of Schedule 2 to the Act of 1960, then the amount of the contribution shall be three quarters of the lump sum multiplied by the fraction—

(2) If the office-holder last had a civil partner at a time before the end of the office-holder’s relevant service the amount of the contribution shall (instead of that in paragraph (1)) be that arrived at under paragraph (1) multiplied by the following fraction—

7.—(1) Regulation 8 (election to make periodical payments) is amended as follows.

(2) In paragraph (3)—

(a)for the first and third “his” substitute “the office-holder's”,

(b)for the second “his” substitute “their”,

(c)after “(or remarries” insert “or forms a civil partnership”, and

(d)for “or remarriage” substitute “, remarriage or formation of a civil partnership”.

(3) In paragraph (4)—

(a)after “married” insert “or who ceases to be a civil partner”, and

(b)for each “his” substitute “their”.

(4) In paragraph (5), for “not married” substitute “neither married nor a civil partner”.

8.  In the side-note of regulation 9, after “service” insert “in relation to widow’s benefits”.

9.  After regulation 9 (additional payments for back service) insert—

“Additional payments for back service in relation to surviving civil partner’s benefits

9A.—(1) In this regulation—

“back service” means—

(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such of the following rates as the office-holder may specify—

(a)if the office-holder is serving in a 15-year office, 4 per cent, 8 per cent or 11 per cent of the office-holder’s salary for the time being (that is to say, at the standard rate, or at twice, or at two and three quarters times, that rate);

(b)if the office-holder is serving in a 20-year office, 3 per cent, 6 per cent, 9 per cent, or 12 per cent, of the office-holder’s salary for the time being (that is to say, at the standard rate, or at twice, or at three times, or at four times, that rate).

(3) An election under this regulation must have been made before, or be made not later than six months after, the office-holder’s formation of a civil partnership.

(4) An office-holder who has made an election under this regulation may at any time by notice in writing to the responsible authority, either—

(a)revoke that election; or

(b)vary its effect by specifying a different rate of additional payments, being one of the rates mentioned in sub-paragraph (a) or (b), as the case may be, of paragraph (2) above.

(5) An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the office-holder has made additional payments for a period equal in length to the office-holder’s back service and for this purpose, for any period during which the office-holder has made additional payments at a rate higher than the standard rate, the office-holder shall be treated as having made such payments for a correspondingly longer period (so that, for example, if the office-holder has made additional payments at twice the standard rate for one year the office-holder shall be treated as having made additional payments for two years).”.

10.—(1) Regulation 10 (method of payment) is amended as follows.

(2) In paragraph (1), for “8 or 9” substitute “8, 9 or 9A”.

(3) In paragraph (3)(b), after “remarriage” insert “or formation of a civil partnership”.

11.—(1) Regulation 11 (effect of making periodical payments) is amended as follows.

(2) For “he”, in each place, substitute “the office-holder”.

(3) For “his”, in each place, substitute “the office-holder's”.

(4) In paragraph (5), after “regulation 9(5)” insert “or 9A(5)”.

12.  In regulation 12 (non-aggregable service), for “he” and “his”, in each place, substitute “the office-holder”.

13.—(1) Regulation 13 (refunds of periodical payments) is amended as follows.

(2) In paragraph (1)—

(a)for “him” substitute “the office-holder”,

(b)for “he” substitute “the office-holder”, and

(c)for “his” substitute “the office-holder's”.

(3) In paragraph (1)(a)—

(a)for “his” substitute “the office-holder's”, and

(b)after “widow's” insert “or surviving civil partner's”.

(4) In paragraph (1)(b), for “his”, in each place, substitute “the office-holder's”.