Judicial Pensions Act 1981

In this Schedule “relevant service” in relation to any office of the Senior Courts listed in paragraph 1 above means service in that or any other office of the Senior Courts so listed, or as president of the Transport Tribunal. In this Schedule “relevant service”, in relation to the office of county court registrar, or assistant county court registrar, means service in either of those offices. In this Schedule “relevant service”, in relation to the office of the president of the Transport Tribunal, means service in that office, or in any office of the Senior Courts listed in paragraph 1 above.

This paragraph has effect as respects a person who at the time of his appointment to an office within paragraph 1 above was employed in the civil service of the State and was subject to the principal civil service pension scheme. If such a person so elects— An election under this paragraph shall be made by notice in writing in such form and within such period as may be prescribed by the Lord Chancellor.

An officer to whom this Schedule applies may be granted a pension— In sub-paragraph (1)(a) above the prescribed number of years is— The annual rate of the pension payable under this paragraph to a person retiring after not less than 20 years relevant service shall not exceed one half of his last annual salary. The annual rate of the pension payable under this paragraph to a person retiring after less than 20 years relevant service shall not exceed—

An officer to whom this Schedule applies who retires on the ground of ill-health, and who is not eligible for a lump sum under Part II of this Act, may be granted a lump sum not exceeding—

An officer to whom this Schedule applies who— may be granted a lump sum not exceeding 2/60ths of his last annual salary for each completed year of relevant service.

An officer to whom this Schedule applies may on retirement in consequence of the abolition of his office, or of the reorganisation of his department, be granted a special allowance or allowances by way of compensation, not exceeding what might be granted if he retired on the ground of ill-health.

If an officer to whom this Schedule applies is removed from his office on the ground of his inability to discharge efficiently the duties of his office, and he is ineligible for a pension under paragraph 4 above, the Treasury may, if he thinks the special circumstances of the case justify it, grant him such a pension as the Treasury thinks just and proper, but not exceeding the amount for which the officer’s length of relevant service would qualify him under paragraph 4 above. Before making any grant under this paragraph the Treasury shall consider any representations which the officer may have submitted to it. The reasons for making any grant under this paragraph, and the amount of any such grant, shall be set out by the Treasury in a minute which shall be laid before Parliament within 14 days after being made.

If a person to whom a pension has been granted under paragraph 4 or 7 above is appointed to an office in any public department the pension shall not be paid for any period after that appointment if his annual salary in that office (“the new salary”) is equal to his last annual salary in the office from which he retired when the pension was granted (“the salary before retirement”). If the new salary is less than the salary before retirement the amount of the pension shall not exceed the difference. In sub-paragraph (1) above the reference to an office in a public department includes a reference to employment in any body or institution listed in Schedule 1 to the Superannuation Act 1972, or to an office so listed.

In this paragraph and paragraphs 11 and 12 below— The Treasury may make rules for securing that, in the prescribed circumstances, and subject to the prescribed conditions as to proof of good health and other prescribed matters, a retiring officer of a prescribed class shall be allowed to surrender, as from the date of retirement, the prescribed part, not exceeding one third, of the personal pension in return for the grant of a pension to the retiring officer’s spouse, or to a dependant of his. The derivative pension shall be of such value as, according to tables prepared from time to time by the Government Actuary, is actuarily equivalent to the value of the part of the personal pension which is surrendered. Rules under this paragraph may prescribe classes of persons for the purposes of this paragraph by reference to the age which they have attained at a prescribed date. Rules under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A derivative pension for the benefit of the spouse of a retiring officer shall, according as the retiring officer may, in conformity with rules under paragraph 10 above, elect, be payable either— and the rules may provide for the pension under paragraph (b) above to be at one rate during the joint lives, and at a higher rate thereafter. A derivative pension for the benefit of a dependant (not being the spouse) of a retiring officer shall be payable for the period, if any, for which the dependant survives the retiring officer.

Any suspension of a pension under paragraph 9 above shall be disregarded in determining the date of retirement as defined in paragraph 10(1)(c) above. In applying paragraph 9 above to a pension part of which is surrendered under paragraph 10 above the salary before retirement, as defined in paragraph 9 (1) above, shall be treated as reduced by the annual amount so surrendered.

The fact that Part II of this Act applies to a person shall not affect any rights of his under paragraphs 10 to 12 above, and any calculation to be made under Part II of this Act shall be made as if any surrender under those paragraphs of a part of a pension had not been made.

This paragraph has effect as respects an officer to whom this Schedule applies— The Treasury may make rules for securing that, in the prescribed circumstances, and subject to the prescribed conditions as to proof of good health and other prescribed matters, any such officer shall be allowed to surrender, as from the date of his marriage, the prescribed part of the personal pension in return for the grant of a pension (the “derivative pension”) to the officer’s spouse. The part of the personal pension so surrendered, together with any part thereof surrendered under paragraph 10 above, shall not exceed one third of the personal pension. The derivative pension shall be of such value as, according to tables prepared from time to time by the Government Actuary, is actuarily equivalent, at the date of the marriage, to the value of that part of the personal pension which is surrendered. The derivative pension shall, according as the officer may, in conformity with rules under this paragraph, elect be payable either— and the rules may provide for the pension under paragraph (b) above to be at one rate during the joint lives, and a higher rate thereafter. In applying paragraph 9 above to a pension part of which is surrendered under this paragraph in respect of any period after the marriage the salary before retirement, as defined in paragraph 9(1) above, shall be treated as reduced by the annual amount so surrendered. In this paragraph “prescribed” means prescribed by rules under this paragraph. Rules under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Any reference in this Schedule to the salary of an office is, as regards any period in respect of which any temporary abatement of salary of that office has been made for the purpose of effecting economy in national expenditure, a reference to the salary which would have been payable to the holder of the office but for that abatement.

An officer to whom this Schedule applies shall not be entitled to reckon the same period of time both for the purpose of a pension or lump sum under Part II of this Schedule, and for the purpose of naval, military or air force non-effective pay.

Where on the death of an officer to whom this Schedule applies any sum not exceeding £5000 is due from a government department in respect of any civil pay, superannuation, or other allowance, annuity or gratuity, then if the responsible authority so direct, but subject to regulations (if any) made by the Treasury, proof of the title of the personal representatives of that person may be dispensed with, and the said sum may be paid or distributed to or among the persons appearing to the department to be beneficially entitled to the personal or moveable estate of that person, or to or among any one or more of those persons or, in the case of the illegitimacy of that person or his children, to or among such persons as the department think fit, and the department shall be discharged from all liability in respect of any such payment or distribution. In this paragraph the “responsible authority” means the government department prescribed by order of the Treasury for the purpose of this paragraph. An order under this paragraph shall be contained in a statutory instrument which shall be subject to annulment in pursuance of a resolution of either House or Parliament. In sub-paragraph (1) above references to a government department include references to any body or institution listed in Schedule 1 to the Superannuation Act 1972. Sub-paragraph (1) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965 substituting for references to £500 such higher amount as may be specified in the order.

The Treasury may, to such extent and subject to such conditions as it thinks fit, delegate to any Minister or officer of the Crown any power of granting a pension or other benefit under this Schedule.

The decision of the Treasury shall be final on any question which arises— The reference in head (b) above to provisions of this Schedule does not include a reference to paragraph 9 or 23 of this Schedule.

Any pension benefit paid to or in respect of any person as having been president of the Transport Tribunal shall, subject to sub-paragraph (2) below, be defrayed as part of the expenses of that Tribunal. Where the pension benefit mentioned in sub-paragraph (1) above is only partly in respect of service as a president of the Transport Tribunal, it shall be defrayed only as to a proportion as part of the expenses of the Tribunal, and that proportion shall be determined by the Treasury, regard being had to the relevant length of service and rate of remuneration in the relevant offices. In this paragraph “pension benefit” includes any superannuation or other retiring allowance or gratuity, and benefits payable to or in respect of the pensioner under Part II of this Act.

In the case of a person holding high judicial office on 17 December 1959 who did not elect that sections 1 and 2 of the Judicial Pensions Act 1959 should apply to him section 2 of this Act shall have effect as if the provisions about retirement on attaining the age of 70 were omitted. The reference in section 3(1) of this Act to the judicial offices described in Part I of Schedule 1 to the House of Commons Disqualification Act 1975 shall include a reference to judge of a county court in England and Wales or any other office listed in paragraph 1(1) or (2) of Schedule 2 to the Courts Act 1971 (judicial offices abolished by that Act). Nothing in Chapter I of Part I of this Act, or in the repeals made by this Act in the Judicial Pensions Act 1959, shall affect the rate or amount of any pension or benefit payable to or in respect of a person who retired or died before 17 December 1959. Subject to sub-paragraph (3) above Chapter I of Part I of this Act shall apply in relation to persons who retired or died before the commencement of this Act.

Section 5 and the other provisions of this Act relating to Circuit judges have effect subject to Part II of Schedule 2 to the Courts Act 1971 (office-holders becoming Circuit judges). The city council of Liverpool and the city council of Manchester shall be liable to pay to the Lord Chancellor under section 10(2) of the Criminal Justice Administration Act 1956, at such times as may be agreed between him and the council concerned, one-half or such other part as may with the concurrence of the Treasury be so agreed, of any sums payable under that Act on account of any pension or other benefit payable after 1st January 1972 in respect of any person’s service as Recorder of Liverpool or Recorder of Manchester before that date.

In the case of a person who at a time immediately before 1st April 1974 held office as a stipendiary magistrate under section 29 of the Justices of the Peace Act 1949 contributions to his pension under section 7 of this Act, and to any derivative benefit, shall be paid and borne under the law in force at that time, and as if his service as a stipendiary magistrate after the beginning of April 1974 had been service as a metropolitan stipendiary magistrate.

This Act shall not apply to a pension or other benefit payable wholly in respect of service, as a stipendiary magistrate in England or Wales, ending before 1st April 1974, or affect the person by whom or manner in which any such benefits are to be paid or borne.

Metropolitan police magistrate Service as a metropolitan police magistrate or as a stipendiary magistrate. Stipendiary magistrate pensionable under section 33 of the Justices of the Peace Act 1949 Service as a stipendiary magistrate or as a metropolitan police magistrate.

Section 16 of this Act shall have effect as if the Table included the following entries. Judge appointed for a district under the County Courts Act 1934. Service as a judge appointed for a district under the County Courts Act 1934. Industrial Injuries Commissioner. Salaried service as an Industrial Injuries Commissioner, or in any other capacity if service in that other capacity counts for pension as an Industrial Injuries Commissioner. President of Industrial Court. Service as president of the Industrial Court, or in any other capacity counting for pension under the Superannuation (President of the Industrial Court) Act 1954. Recorder of Liverpool or Manchester. Service as judge of the Crown Courts at Liverpool and Manchester. The entry at the end of the Table in section 16 of this Act (certain Supreme Court officers) shall have effect as if paragraph 1 of Schedule 1 to this Act included the offices of Official Referee and Clerk of Assize.

This paragraph has effect as respects an officer of the Supreme Court within paragraph 1 of Schedule 1 to this Act, or a president of the Transport Tribunal, who retired or died before 20 December 1960, after not less than 5 years relevant service. The annual rate of the pension which is or would be payable to him under paragraph 4 of Schedule 1 to this Act shall not exceed 10/80ths of his last annual salary plus 3/160ths for each completed year of relevant service exceeding 5, but the maximum shall be one half of his last annual salary. This paragraph applies instead of paragraph 4(3) and (4) of Schedule 1 to this Act, and has effect subject to paragraph 12(3) below.

This paragraph has effect as respects a county court registrar or assistant registrar who retired or died before 1st December 1969 after not less than 5 years relevant service. The annual rate of the pension which is or would be payable to him under paragraph 4 of Schedule 1 to this Act shall not exceed 1/12th of his last annual salary plus 1/48th for each completed year of relevant service exceeding 5, but the maximum shall be one half of his last annual salary. This paragraph applies instead of paragraph 4(3) and (4) of Schedule 1 to this Act, and has effect subject to paragraph 12(3) below.

Schedule 1 to this Act shall not apply to a county court registrar appointed before 16th July 1956 who gave notice under proviso (a) of section 21(1) of the County Courts Act 1934 (election for pension provisions for persons in court service). In determining the relevant service of a county court registrar or assistant registrar for the purpose of section 16 of, and Schedule 1 to, this Act no account shall be taken of service as an assistant registrar before 16th July 1956.

The repeals made by this Act in the County Courts Act 1924 shall not affect any pension payable under that Act to a person who retired before the commencement of this Act, and any such pension shall continue to be payable accordingly. Section 16 of this Act shall have effect as if the Table included the following entry— Registrar of the district registry of the High Court at Liverpool or Manchester Service as a registrar of the district registry of the High Court at Liverpool or Manchester.

Subject to the preceding provisions of this Schedule, Chapter II of Part I of this Act and Schedule 1 to this Act shall apply to persons who retired or died before the commencement of this Act.

This paragraph applies to a person in whose case an election is in force under section 11(1) of the Administration of Justice (Pensions) Act 1950 (election by person serving in a judicial office on 15 December 1950). Eligibility for a pension in relation to which that service was relevant service shall not satisfy the conditions under which a lump sum or widow’s or children’s pension may be granted under Part II of this Act. Part I of this Act, paragraph 4 of Schedule 1 to this Act and paragraphs 7 and 8 above shall have effect in relation to a person to whom this paragraph applies as if for any reference to his last annual salary there were substituted a reference to the amount of that salary increased by one-third, and a corresponding adjustment shall be made in determining the amount of a pension under section 10 of this Act. In applying this paragraph and paragraph 13 below account shall be taken of any revocation of the election in question under section 10(4)(c) of the Administration of Justice Act 1973, or under any provision of the Administration of Justice (Pensions) Act 1950.

This paragraph applies to a person in whose case an election is in force under subsection (2) of the said section 11 (alternative election by person serving in a judicial office on 15 December 1950). Eligibility for a pension in relation to which that service was relevant service shall not satisfy the conditions under which a widow’s or children’s pension may be granted under Part II of this Act. Any lump sum payable in respect of that service shall not be reduced under paragraph 23 below, or under section 23 or 24 of this Act.

Where the relevant service was wholly before 18 April 1973 Part II of this Act shall have effect subject to Part III of this Schedule. This paragraph and the said Part III have effect subject to paragraphs 12 and 13 above.

Subject to paragraph 28 below, this paragraph applies in relation to a person in whose case an election is in force under section 10(4)(b) of the Administration of Justice Act 1973 (election by person serving on 18 April 1973 not to accept the provisions of that section). For the purposes of this Part of this Schedule that person shall be treated as if his relevant service was wholly before 18 April 1973. For the purposes of this paragraph, there shall be left out of account any period of service during which an election under section 14A is in force in respect of a person, and no contribution towards a widow’s and children’s pension shall be made by that person for that period.

Subject to paragraph 28 below, this paragraph applies in determining the amount of a pension under section 19 or 22 of this Act which is payable partly in respect of relevant service after 17 April 1973 but is not attributable wholly to that service. The annual value of the widow’s pension or children’s pension that may be granted shall be determined in accordance with the following formula. where— P1 is the annual amount of the pension that might be granted under Part II of this Act with the modifications in Part III of this Schedule, P2 is the annual amount of the pension that might be granted under Part II of this Act without those modifications, RS1 is the length of relevant service before 18 April 1973, RS2 is the remainder of the relevant service. There shall be left out of account, in calculating RS2 in sub-paragraph (2) above, any period of service during which an election under section 14A is in force in respect of a person. For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service before 18 April 1973 as does not add to the amount of the personal pension, and accordingly this paragraph shall not apply if none of the relevant service before that date adds to the amount of the personal pension.

This paragraph applies in relation to a person in whose case an election is in force under section 10(4)(a) of the Administration of Justice Act 1973 (election by person serving on 18 April 1973). For the purposes of this Part of this Schedule that person shall be treated as if his relevant service was wholly after 17 April 1973.

The repeals made by this Act shall not affect any election, or revocation of an election, mentioned in this Part of this Schedule, or the power of making regulations as respects those elections which is conferred by section 10(4) of the Administration of Justice Act 1973.

In section 19(3) for “one half” substitute “ one third ”.

In section 22 for subsections (2) and (3) substitute—

Neither section 23, nor any regulations under that section, shall apply, and except where section 24 applies (judicial office held by a woman) contributions towards the cost of any pension or pensions under section 19 or 22 of this Act shall be made in accordance with paragraph 23 below.

The contribution shall take the form of a reduction in the lump sum which may be granted under section 17 of this Act in respect of the man’s service. The amount of the contribution shall be equal to the annual amount of the personal pension: Provided that where the man last had a wife at a time before the end of his relevant service (leaving out of account any marriage after the end of that service) the amount of that contribution shall be the annual amount of the personal pension— multiplied by the number of years of his relevant service completed before that time, and divided by the number of his years of relevant service completed in all. No contribution shall be made in the case of a man who at no time during his relevant service had a wife.

In this Part of this Schedule—

Subject to paragraph 26, no widower’s pension shall be payable in respect of a member who retires on or before the commencement date.

A member who retires— may, before the end of the period of six months beginning with the commencement date, opt for her husband to be entitled to a widower’s pension on her death. Regulations may make provision as to—

This paragraph applies to a member who, apart from this paragraph, would be a person to whom paragraph 15 or 16 of Part II of this Schedule applies. Where such a member has exercised an option under paragraph 26 or 27, this paragraph shall apply in respect of her, and paragraph 15 or, as the case may be, paragraph 16 shall cease to apply. For the purposes of calculating the annual value of— the member shall be treated as if none of her relevant service fell before 18 April 1973.

In this Part of this Schedule—

No surviving civil partner's pension shall be payable in respect of a member who retires on or before the relevant date.

A member who— shall have the annual value of a surviving civil partner's pension in respect of the member calculated on the assumption that all of the member's relevant service fell after the relevant date. Sub-paragraph (1) does not apply if, within six months of the date of the member's formation of a civil partnership, the member opts for the annual value of the surviving civil partner's pension to be calculated under sub-paragraph (3). Where the annual value of a surviving civil partner's pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula— where— CPP1 is the annual value of the surviving civil partner's pension, CPP2 is the annual value of the surviving civil partner's pension that would be payable on the assumption mentioned in sub-paragraph (1), RS1 is the length of the member's relevant service after the relevant date, and RS2 is the whole of the member's relevant service. For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension. An election under sub-paragraph (2) must be made in writing to the administrators. An election under sub-paragraph (2) is irrevocable.