Administration of Justice (Pensions) Act 1950
| Jurisdiction | UK Non-devolved |
| Citation | 1950 c. 11 |
| Year | 1950 |
Administration of Justice (Pensions) Act , 1950
(14 & 15 Geo. 6) 11
An Act to amend the law relating to the pensions and other benefits payable to and in respect of persons who administer justice, and for purposes connected therewith.
[15th December 1950]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Lump Sums and Widows' and Children's Pensions
Reduction of pension in return for lump sum
1 Reduction of pension in return for benefits under s. 2.
1. In return for the benefits conferred by the next following section, a pension for service in any of the capacities listed in the First Schedule to this Act shall be reduced by one quarter.
2 Lump sum on retirement or death.
(1) Where a person on retirement becomes eligible for a pension for service in any of the capacities listed in the First Schedule to this Act, he may be granted a lump sum equal to twice the annual amount of that pension.
(2) Where a person was serving in any of the said capacities at the time of his death and, if he had then retired on the ground of permanent infirmity, would have become eligible for a pension for that service, his legal personal representatives may be granted a lump sum equal to—
(a ) twice the annual amount of the pension for which he would have been so eligible; or
(b ) his last annual salary,
whichever is the greater.
(3) Where a person on retirement becomes eligible for a pension for service in any of the said capacities but dies so soon after that the sums paid or payable to him on account of that pension plus an amount equal to twice the annual amount of that pension fall short of his last annual salary for such service, his legal personal representatives may be granted a lump sum equal to the deficiency.
(4) For the purposes of this section, the annual salary of a registrar of a county court who is also a district registrar of the High Court shall be deemed to include any salary payable in respect of his services as district registrar.
(5) No lump sum may be granted under this section in respect of the service of a person who died before the passing of this Act.
Widows' and Children's Pensions
3 Power to grant widows' and children's pensions.
(1) Subject to the provisions of this Act, on the death after the passing of this Act of a male person (hereafter in this Act referred to as ‘the deceased’) who—
(a ) had become eligible for a pension for service in one of the capacities listed in the First Schedule to this Act, or
(b ) was serving in any of the said capacities at the time of his death and would, if he had then retired on the ground of permanent infirmity, have become eligible for a pension for that service,
there may be granted in respect of his service—
(i) where he leaves a widow, a pension to that widow (hereafter in this Act referred to as a ‘widow's pension’), and
(ii) where he had a wife at any time during his relevant service (whether or not the marriage continued until his death and whether or not a widow's pension is or can be granted), a pension for the benefit of the children of the marriage and of children adopted by him during the marriage (hereafter in this Act referred to as a ‘children's pension’).
(2) Subject to the provisions of this Act, on the death after the passing of this Act of a female person (hereafter in this Act referred to as ‘the deceased’) who—
(a ) had become eligible for a pension for service in one of the capacities listed in the First Schedule to this Act, or
(b ) was serving in any of the said capacities at the time of her death and would, if she had then retired on the ground of permanent infirmity, have become eligible for a pension for that service,
there may be granted in respect of her service a pension for the benefit of children of any marriage of hers and of children adopted by her (hereafter in this Act referred to as a ‘children's pension’).
4 Widow's pension.
(1) No widow's pension may be granted if the marriage with the deceased took place after he retired from relevant service.
(2) The widow's pension shall determine on her death or remarriage but may, if the Treasury specially direct, be paid in respect of any period after re-marriage when she has no husband.
(3) The annual amount of the widow's pension may be one-third of the annual amount of the personal pension.
5 Children's pension: beneficiaries.
(1) A children's pension may be granted if, and be paid so long as and whenever, there are persons for whose benefit it can enure.
(2) Subject to the provisions of this section, the persons for whose benefit a children's pension can enure are any such children as are referred to in subsection (1) or subsection (2) of section three of this Act, as the case may be, who are for the time being in their period of childhood and full-time education.
(3) A children's pension cannot enure for the benefit of any person conceived or adopted by the deceased after the end of his relevant service.
(4) A children's pension cannot enure for the benefit of a female person who at the time of the death of the deceased was married and if, after the death of the deceased, a female person marries, she shall thereupon cease to be a person for whose benefit a children's pension can enure.
(5) A children's pension in respect of a woman's service cannot enure for the benefit of a child of any marriage of hers whose father is alive when the woman retires, or, as the case may be, dies while serving, unless the Treasury specially direct that it shall enure.
6 Meaning of ‘period of childhood and full-time education’.
(1) A person shall be deemed for the purposes of the last preceding section to be in his period of childhood and full-time education while either—
(a ) he is under the age of sixteen; or
(b ) he is receiving full-time instruction at any university, college, school or other educational establishment; or
(c ) he is undergoing training by any person (hereinafter referred to as ‘the employer’) for any trade, profession or vocation in such circumstances that—
(i) he is required to devote the whole of his time to the training for a period of not less than two years; and
(ii) while he is undergoing the training, the emoluments receivable by him, or payable by the employer in respect of him, do not exceed thirteen pounds a year, exclusive of any emoluments receivable or payable by way of return of any premium paid in respect of the training:
Provided that a person shall not be deemed for the purposes of this section to satisfy the conditions specified in paragraph (b ) or the conditions specified in paragraph (c ) of this subsection, unless there has up till then been no time since he attained the age of sixteen when he did not satisfy one or other of those conditions. Any period of whole-time service in the armed forces of the Crown under the National Service Acts, 1948 to 1950, shall be ignored for the purposes of this proviso.
(2) In the preceding subsection the expression ‘emoluments’ means any salary, fees, wages, perquisites or profits or gains whatsoever, and includes the value of free board, lodging or clothing, and, for the purposes of sub-paragraph (ii) of paragraph (c ) of the said subsection, where a premium has been paid in respect of the training of a person, all emoluments at any time receivable by him, or payable by the employer in respect of him, shall be deemed to be receivable or payable by way of return of the premium, unless and except to the extent that the amount thereof exceeds in the aggregate the amount of the premium.
(3) As respects any period during which neither of the conditions specified in paragraphs (b ) and (c ) of subsection (1) of this section is satisfied in relation to a person, the Treasury may, if they think fit, and are satisfied that that person's full-time education ought not to be regarded as completed, direct either—
(a ) that that period shall be ignored for the purposes of the proviso to subsection (1) of this section; or
(b ) that that period shall be so ignored and shall also be treated as part of his period of childhood and full time education for all the other purposes of the last preceding section.
7 Children's pension: rate and mode of payment.
(1) Only one children's pension shall be granted in respect of the service of any one person but—
(a ) the rate thereof may vary according to the number of persons for whose benefit it can for the time being enure, and
(b ) it shall be paid to such person or persons as the Treasury may from time to time direct, and different parts thereof may be directed to be paid to different persons, and
(c ) the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as the Treasury from time to time direct.
(2) Where the deceased leaves no widow and, if he leaves a widow, after her death, the annual amount of a children's pension—
(a ) while the persons for whose benefit it can enure are three or more in number, may amount to one-third of the annual amount of the personal pension;
(b ) while the said persons are two in number, may...
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