Statutory Instrument 1997 No. 1687

The Judicial Pensions (Miscellaneous) (Amendment) Regulations 1997

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© Crown Copyright 1997

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" Circumstances in which an office-holder may make an election
     4A. Subject to the time limit specified in regulation 5(1), an office-holder to whom section 1(2) of the Act applies may make an election if no payment of pension or other benefit has been made under a judicial pension scheme in respect of service in his last qualifying judicial office.

Circumstances in which a personal representative may make an election
     4B.  - (1) Subject to the time limit specified in regulation 5(3), a personal representative may make an election in accordance with this regulation if the office-holder had not made an election under section 1(2) of the Act before his death.

    (2) Where the office-holder died in service, a personal representative may make an election only if - 


(a) no payment of surviving spouse's pension has been made under a judicial pension scheme in respect of the service in the last qualifying judicial office held by the deceased office-holder, or

(b) the amount of surviving spouse's pension which is being paid under such a scheme does not exceed the amount of pension to which the surviving spouse would have been entitled if Part I had applied to the deceased office-holder from the date of death or, where this is not the case, the condition referred to in paragraph (3) is satisfied.



    (3) The condition referred to in paragraph (2)(b) is that the surviving spouse had agreed, in respect of the period prior to the making of an election, to accept an amount on account of the pension which he is eligible to receive under an existing scheme which does not exceed the amount of pension to which he would be entitled if Part I had applied to the deceased office-holder from the date of death.

    (4) Where the office-holder died after ceasing to hold qualifying judicial office, a personal representative may make an election only if - 



(a) the office-holder died within six months of ceasing to hold qualifying judicial office; and

(b) the office-holder had not received any payment of pension or other benefit under a judicial pension scheme in respect of the service in the last qualifying judicial office held by the office-holder.".

     5. Omit regulation 5(2), (4) and (5).

     6. In regulation 6(4), omit "sections 4(3) and 5 to 8 of".


Irvine of Lairg, C.

Dated 10th July 1997


Donald C. Dewar
One of Her Majesty'sPrincipal Secretaries of State

Dated 8th July 1997

[2] S.I. 1995/632. Part II was substituted by S.I. 1996/2893.back