Judicial Pensions (Miscellaneous) (Amendment) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/2893 |
| Year | 1996 |
1996 No. 2893
PENSIONS
The Judicial Pensions (Miscellaneous) (Amendment) Regulations 1996
Made 18th November 1996
Laid before Parliament 19th November 1996
Coming into force 16th December 1996
The Lord Chancellor and, in relation to the judicial offices whose jurisdiction is exercised exclusively in Scotland, the Secretary of State, in exercise of the powers conferred on them by section 1(2), (3) and (4) of the Judicial Pensions and Retirement Act 19931, hereby make the following Regulations:
1. These Regulations may be cited as the Judicial Pensions (Miscellaneous) (Amendment) Regulations 1996 and shall come into force on 16th December 1996.
2. These Regulations shall apply to an election under section 1(2) of the Judicial Pensions and Retirement Act 1993, written notification of which is received by the appropriate Minister on or after 16th December 1996.
3. For Part II of the Judicial Pensions (Miscellaneous) Regulations 19952there shall be substituted—
“PART II
Election for New Pension Arrangements
Interpretation
3. In this Part—
“election” means an election under section 1(2) of the 1993 Act by or in respect of an office-holder; and
“office-holder” means a person to whom section 1(2) of the 1993 Act applies.
Method of making election
4.—(1) An office-holder shall make an election by notifying the appropriate Minister in writing of his wish that Part I should apply to him and of the date on which he wishes the election to take effect.
(2) A personal representative shall make an election by notifying the appropriate Minister in writing of his wish that Part I should apply to the deceased office-holder.
(3) A notice given under paragraph (1) shall be signed and dated by the office-holder and shall contain his full name and either—
(a)
(a) his current qualifying judicial office; or
(b)
(b) where he has ceased to hold qualifying judicial office, his last qualifying judicial office.
(4) A notice given under paragraph (2) shall be signed and dated by the personal representative, and shall give the full name of the deceased office-holder and his qualifying judicial office at the date of death or at the date he ceased to hold qualifying judicial office.
(5) A personal representative shall supply with the notice of election evidence of his entitlement to act as personal representative.
Time limit for making election
5.—(1) An office-holder may not make an election later than six months after the date on which he ceases to hold qualifying judicial office.
(2) An office-holder may also not make an election later than the day before the date on which any payment of pension or other benefit is made under a judicial pension scheme in respect of the service in the last qualifying judicial office held by the office-holder.
(3) A personal representative may not make an election later than
(a)
(a) six months after the date on which the deceased office-holder ceased to hold qualifying judicial office; or, if later,
(b)
(b) three months after the date of grant of probate or letters of administration (or, in Scotland, three months after the date of confirmation).
(4)...
To continue reading
Request your trial