Judicial Pensions (Qualifying Judicial Offices etc.) (City of London) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/633 |
1995 No. 633
PENSIONS
The Judicial Pensions (Qualifying Judicial Offices etc.) (City of London) Order 1995
Made 7th March 1995
Laid before Parliament 9th March 1995
Coming into force 31th March 1995
The Lord Chancellor in exercise of the powers conferred on him by sections 1(8), 21(2) and 29(4) of the Judicial Pensions and Retirement Act 19931and (except as to article 3) with the consent of the Treasury, hereby makes the following Order:—
Title and commencement
1. This Order may be cited as the Judicial Pensions (Qualifying Judical offices etc.) (City of London) Order 1995 and shall come into force on 31st March 1995.
Interpretation
2. In this Order—
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993, and any reference to a Part, Schedule or section by number alone shall be construed as a reference to the Part, Schedule or section so numbered in that Act;
“the appointed day” shall be construed in accordance with section 1(10);
“the appropriate financial year” has the meaning given by article 5(4)(b) below;
“the Common Council” means the Common Council of the City of London;
“relevant office” means the office of Recorder of London or Common Serjeant inserted in Schedule 1 by article 3.
Qualifying judicial offices
3. In Part I of Schedule 1 (the offices which may be qualifying judicial offices), after the words “Judge of the Court of Session” there shall be added the following—
“Recorder of London
Common Serjeant”.
Discharge of the Common Council’s liability to pay pensions etc.
4.—(1) The Common Council shall—
(a)
(a) be discharged, to the extent specified in this Order, from the liability to pay pensions or other benefits mentioned in paragraph (2) in respect of a person’s service in relevant office in any of the circumstances specified in paragraph (3); and
(b)
(b) instead make payments to the Treasury determined in accordance with article 5.
(2) The pensions or other benefits are—
(a)
(a) any pension or lump sum payable under Part I, or
(b)
(b) any sums payable by way of pension or lump sum under section 19,
to or in respect of any person who has held relevant office and to whom Part I applies.
(3) The circumstances are that—
(a)
(a) the person first held relevant office on or after the appointed day; or
(b)
(b) the person—
(i) holds relevant office on the appointed day; and
(ii) held such office at any time before that day; and
(iii) has elected under section 1(2) for Part I to apply to him; or
(c)
(c) the person—
(i) held relevant office on the appointed day; and
(ii) held such office at any time before that day; and
(iii) notwithstanding that he satisfied the requirements in sub-paragraph (i) and (ii), has not elected under section 1(2) for Part I to apply to him; and
(iv) was appointed to some other qualifying judicial office, service in which would (apart from the 1993 Act) have been subject, in his case, to some other judicial pension scheme.
Required payments
5.—(1) In August of each year, the Treasury shall submit a request in writing to the Common Council specifying the payments that are to be made by the Common Council to the Treasury.
(2) The payments required under paragraph (1) are that part of the amount which the Common Council would be liable to pay (apart from this Order) in the appropriate financial year by way of pensions and other benefits in respect of the service of a person who has ceased to hold relevant office which is attributable to a person’s service in relevant office.
(3) Any request made under paragraph (1) shall show the calculations made, by reference to—
(a)
(a) the length of service in relevant office; and
(b)
(b) the salary received,
for the purpose of determining the required payments in respect of the appropriate financial year.
(4) In this article—
(a)
(a) “financial year” means a year commencing on 1 April and ending on 31 March; and
(b)
(b) “the appropriate financial year” means the financial year during which a request is made in August in that year;
and in the following provisions of this Order any reference to an appropriate financial year shall be construed accordingly.
Timing of payments
6. The payments required under article 5(1) shall be paid to the Treasury in September following a request made in August in that year.
Payments into Consolidated Fund and Civil Superannuation Fund
7.—(1) Notwithstanding the provisions of section 28(6) (requirement for sums received by the Treasury under section 21 to be paid into the Consolidated Fund), any payments received by the Treasury by virtue of this Order shall be paid into—
(a)
(a) the Consolidated Fund; and
(b)
(b) the Civil Superannuation Fund,
in accordance with the provisions of this article; and the operation of section 28(6) shall be...
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