Statutory Instrument 1988 No. 1418

The Judicial Pensions (Preservation of Benefits) Order 1988

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© Crown Copyright 1988

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1988 No. 1418

PENSIONS

The Judicial Pensions (Preservation of Benefits) Order 1988

The Lord Chancellor (in relation to England and Wales) and the Secretary of State for Scotland (in relation to Scotland), as the appropriate authorities designated for the purposes of section 65 of the Social Security Act 1973^[1] as having responsibility for the public service pension schemes established under the enactments listed in Schedule 1, in exercise of the powers conferred by the said section 65, hereby make the following Order:

Citation and Commencement
    1.    This Order may be cited as the Judicial Pensions (Preservation of Benefits) Order 1988 and shall come into force on 1st September 1988.

Interpretation
    2.—(1)  In this Order, unless the context otherwise requires —
"the Act of 1981" means the Judicial Pensions Act 1981^[2];
"full rate" means the rate at which a pension might have been granted to an office-holder if his service had continued to normal pension age, but calculated by reference to the annual salary attaching, at the date he ceased (within the meaning of article 4(1)) to hold office, to —
 (a) his last office; or
 (b) an earlier office of his where the amount of pension would have been based on that salary, but if that office had ceased to exist before the date on which he ceased to hold his last office, the annual salary shall be taken to be such as the Lord Chancellor or the Secretary of State, as the case may be, with the concurrence of the Treasury may determine it would have been had the office continued to exist;


"normal pension age" means the earliest age at which, if his service had continued until retirement at that age, an office-holder might have been granted a pension under a relevant enactment;
"office-holder" means a person who holds, or has held, a scheduled office;
"relevant enactment" means an enactment by virtue of which an office-holder might be granted a pension in respect of any relevant service and, in the case of a person who has held more than one office, includes an enactment relating to the payment of superannuation benefits to or in respect of such a person;
"relevant service" has the meaning given by article 4(2);
"scheduled office" means an office listed in Schedule 2;

    (2)  References in this Order to eligibility for a pension are, in relation to an office service in which carries entitlement to a pension, references to such entitlement, and references to the grant of a pension or to the rate at which a pension might be payable shall be construed accordingly.

[1] 1973 c. 38. back

[2] 1981 c. 20, amended by section 152(1) of, and Schedule 5 to, the Supreme Court Act 1981 (c. 54). back

Explanatory Note