Statutory Instrument 1988 No. 1420

The Judicial Pensions (Requisite Benefits) Order 1988

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1988 No. 1420

PENSIONS

The Judicial Pensions (Requisite Benefits) Order 1988

The Lord Chancellor (in relation to England and Wales) and the Secretary of State for Scotland (in relation to Scotland), as 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:— PART I INTRODUCTORY

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

Interpretation
    2.    In this Order, unless the context otherwise requires—
"the Act" means the Social Security Pensions Act 1975^[2];
"the Act of 1973" means the Social Security Act 1973;
"final salary" has the meaning given by article 11;
"normal pension age", in relation to a member of an occupational pension scheme, means the earliest age at which that member can become entitled to receive a pension under the scheme, apart from any special provision as to early retirement on grounds of ill-health or otherwise;
"office-holder" means a person who is or has been the holder of any scheduled office;
"pensionable age" means the age of 65 for a man and 60 for a woman;
"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 any enactment relating to the payment of superannuation benefits to or in respect of such a person;
"relevant service" has the meaning given by article 5(2) and (3);
"scheduled office" means an office listed in Schedule 2;
"scheme" means, in relation to any office-holder, the public service pension scheme established by a relevant enactment;other expressions used in the Act or in the Social Security Act 1975^[3] have the same meanings in this Order as in the Act in question. PART II GENERAL

General effect of order
    3.—(1)  This Order applies in relation to any such office-holder as is mentioned in article 4 so as to modify, or further modify, the scheme which is applicable in relation to him to make provision for his benefit, or otherwise in relation to him, which accords with the following provisions of this Order.

    (2)  Articles 8, 9 and 10 of this Order (which relate to guaranteed minimum pensions) apply in relation to any such office-holder as is mentioned in article 4 notwithstanding any other provision in any enactment, including the other provisions of this Order.

Office-holders to whom Order applies
    4.    This Order shall have effect in relation to, but only to, an office-holder who is holding a scheduled office on 1st September 1988, or who is appointed to such an office when under pensionable age on or after that date:—

Provided that neither article 6 nor article 7 shall entitle an office-holder appointed to a scheduled office on or after 1st April 1987, or his widow, to a pension other than the minimum guaranteed under article 8 or article 9, unless his service in that office may be reckoned, for the purpose of superannuation benefits, together with service of his in an earlier office wholly or partly before that date (or might have been so reckoned but for his having left the later office before reaching compulsory retirement age).

Ceasing to hold office and relevant service
    5.—(1)  An office-holder does not cease to hold office for the purpose of this Order so long as he holds any scheduled office or an office service in which may, under any enactment, be reckoned on any basis together with earlier service of his in a scheduled office for the purpose of superannuation benefits.

    (2)  Subject to paragraph (3) below, an office-holder's service in a scheduled office is relevant service for the purposes of this Order and his relevant service may include any earlier service of his which may, under any enactment, be reckoned on any basis together with service of his in a scheduled office.

    (3)  Service is not relevant service for the purposes of this Order if it is service before 6th April 1978.

    (4)  For the purposes of paragraphs (1) and (2) above:—
 (a) it is immaterial whether—
 (i) the office-holder has served at any time in any other office (including an office in relation to which he ceases to hold office for the purposes of this Order);
 (ii) the earlier and the later offices are the same;
 (iii) any election in respect of the office-holder is available, or, if available, has been made; and
 (iv) the superannuation benefits payable under the relevant enactment relating to one office would, in the circumstances of the case, be unaffected by adding the other service into the reckoning; and
 (b) service in an earlier office shall be treated as reckonable with service in a later scheduled office if it would have been so reckonable but for the office-holder's having left the later (or a subsequent) office before reaching compulsory retirement age.

[1] 1973 c. 38. back

[2] 1975 c. 60. back

[3] 1975 c. 14. back

Explanatory Note