The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order 1997

• Citation: S.I. 1997/2667
• Sections: 8

Section 1 Title and Commencement

This Order may be cited as the Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order 1997 and shall come into force on 1st December 1997.

Section 2 Interpretation

In this Order—

“judicial pension scheme” means a public service pension scheme under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices (whether or not in respect of service in such offices alone);

“qualifying judicial office” means a judicial office listed in Schedule 1 to the Judicial Pensions and Retirement Act 1993 whose jurisdiction is exercised in England and Wales or Scotland.

Section 3 Entitlement of surviving spouse to a pension

Subject to article 4, in any case—

(a) where a member of a judicial pension scheme dies leaving a surviving spouse; and

(b) where the deceased member has retired from qualifying judicial office, the marriage took place before his retirement;

the surviving spouse shall be entitled to receive a pension under the scheme.

Section 4 Entitlement of surviving spouse to a pension

(1) Article 3 does not apply where, in relation to a reference scheme, a surviving spouse’s pension need not be paid by virtue of regulations made under section 12B(4)(a) of the Pension Schemes Act 1993 .

(2) In this article “reference scheme” has the meaning given to it in the Pension Schemes Act 1993.

Section 5 Annual rate of surviving spouse’s pension

The annual rate of a surviving spouse’s pension payable under a judicial pension scheme shall be no less than the amount specified in section 12B(4) of the Pension Schemes Act 1993 and shall be assessed by reference to the service of the member of the scheme on and after 6th April 1997.

Section 6 Relationship to other benefits

Any pension to which a surviving spouse is entitled by virtue of this Order shall be reckoned towards and treated as part of any pension paid to the surviving spouse under the judicial pension scheme.

Section 7 Entitlement to have effect notwithstanding other enactments

The entitlement to a surviving spouse’s pension under this Order shall have effect notwithstanding the terms of any enactment relating to the judicial pension scheme.

Section 8 The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995

(1) The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995 shall be amended in accordance with paragraph (2) below.

(2) In article 6(2), for “the formula (A×B)/200)×3.4” substitute “the formula ([A×(B×52)]/200)×3.4”.