Statutory Rule 1997 No. 479

The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997

---

© Crown Copyright 1997

Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997, ISBN 0337928339. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1997 No. 479

PENSIONS

The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997

The Lord Chancellor, as the appropriate authority designated by the Treasury for the purposes of Article 72 of the Pensions (Northern Ireland) Order 1995^[1] as having responsibility for judicial pension schemes , in exercise of the powers conferred on him by that Article, hereby makes the following Order—

Title and commencement
    1.    This Order may be cited as the Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997 and shall come into operation on 1st December 1997.

Interpretation
    2.    In this Order —
"judicial pension scheme" means a public service pension scheme under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices (whether or not in respect of service in such offices alone);


"qualifying judicial office" means a judicial office listed in Schedule 1 to the Judicial Pensions and Retirement Act 1993^[2] whose jurisdiction is exercised in Northern Ireland.

Entitlement of surviving spouse to a pension
    3.    Subject to Article 4, in any case—
 (a) where a member of a judicial pension scheme dies leaving a surviving spouse; and
 (b) where the deceased member has retired from qualifying judicial office, the marriage took place before his retirement;
the surviving spouse shall be entitled to receive a pension under the scheme.

    4.—(1)  Article 3 does not apply where, in relation to a reference scheme, a surviving spouse's pension need not be paid by virtue of regulations made under section 8B(4) of the Pension Schemes (Northern Ireland) Act 1993^[3].

    (2)  In this Article ‘reference scheme' has the meaning given to it in the Pensions Schemes (Northern Ireland) Act 1993.

Annual rate of surviving spouse's pension
    5.    The annual rate of a surviving spouse's pension payable under a judicial pension scheme shall be no less than the amount specified in section 8B(4) of the Pensions Schemes (Northern Ireland) Act 1993 and shall be assessed by reference to the service of the member of the scheme on and after 6th April 1997.

Relationship to other benefits
    6.    Any pension to which a surviving spouse is entitled to by virtue of this Order shall be reckoned towards and treated as part of any pension paid to the surviving spouse under the judicial pension scheme.

Entitlement to have effect notwithstanding other enactments
    7.    The entitlement to a surviving spouse's pension under this Order shall have effect notwithstanding the terms of any enactment relating to the judicial pension scheme.

The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995
    8.—(1)  The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995^[4] shall be amended in accordance with paragraph (2) below.

    (2)  In Article 6(2), for ‘the formula ((A × B) / 200) × 3.4' substitute ‘the formula ([A × (B × 52)] / 200) × 3.4'.

Irvine of Lairg,
C.

Dated 4th November 1997

This Order provides that, except in circumstances prescribed by regulations made under the Pensions Schemes (Northern Ireland) Act 1993, a surviving spouse shall be entitled to a pension on the death of a member of a judicial pension scheme providing the marriage took place before the member retired. This is to comply with the provisions of the Pension Schemes (Northern Ireland) Act 1993 as amended by the Pensions (Northern Ireland) Order 1995 which provide that a pension scheme must entitle a surviving spouse to a pension in order for a contracting-out certificate to be granted in relation to that scheme.

The Order also amends the Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995 in order to clarify the calculation of the contribution to a surviving spouse's guaranteed minimum pension payable in the event of marriage during retirement.

[1] S.I. 1995/3213 (N.I. 22); Article 72 provides that an Order under Article 72 shall be made by the "appropriate authority" which, by virtue of Article 72(2), shall be the Minister of the Crown of government department designated by the Treasury or the Department of Finance and Personnel as having responsibility for the pensions scheme in question back

[2] 1993 c. 8 back

[3] 1993 c. 49; section 8B was inserted by the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213) (N.I. 22), Article 133 back

[4] S.R. 1995 No. 389 back