Judicial Pensions (Miscellaneous) (Amendment) Regulations 1997

JurisdictionUK Non-devolved

1997 No. 1687

PENSIONS

The Judicial Pensions (Miscellaneous) (Amendment) Regulations 1997

Made 10th July 1997

Laid before Parliament 14th July 1997

Coming into force 8th August 1997

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—

S-1 These Regulations may be cited as the Judicial Pensions...

1. These Regulations may be cited as the Judicial Pensions (Miscellaneous) (Amendment) Regulations 1997 and shall come into force on 8th August 1997.

S-2 These Regulations shall apply to an election under section 1(2)...

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 8th August 1997.

S-3 Part II of the Judicial Pensions (Miscellaneous) Regulations...

3. Part II of the Judicial Pensions (Miscellaneous) Regulations 19952shall be amended in accordance with the following provisions of these Regulations, and in those provisions any reference to a regulation by number alone shall be construed as a reference to the regulation so numbered in the 1995 Regulations.

S-4 After regulation 4 insert— 4A Circumstances in which an...

4. After regulation 4 insert—

S-4A

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.

S-4B

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)

(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)

(b) the amount of...

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