Judicial Pensions and Retirement Act 1993
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Change 1
8 Rate of children’s pension.
(1) Where the deceased leaves no surviving spouse or surviving civil partner, the annual rate of a children’s pension shall be— (a) while the eligible children of the deceased are two or more in number, two-thirds of the annual rate of the deceased’s judicial pension; and (b) while there is only one eligible child of the deceased, one-third of the annual rate of the deceased’s judicial pension. (2) Where the deceased leaves a surviving spouse or surviving civil partner, the annual rate of a children’s pension during the life of the surviving spouse or surviving civil partner shall be— (a) while the eligible children of the deceased are two or more in number, one-half of the annual rate of the deceased’s judicial pension; and (b) while there is only one eligible child of the deceased, one-quarter of the annual rate of the deceased’s judicial pension; and the annual rate of the children’s pension after the death of the surviving spouse or surviving civil partner shall be the rate specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) above. (3) Where the deceased— (a) leaves a surviving spouse who re-marries or forms a civil partnership, or (b) leaves a surviving civil partner who marries or forms a subsequent civil partnership, the Treasury may, if they think fit, direct that subsection (1) above shall apply instead of subsection (2) above as respects any period when the surviving spouse or surviving civil partner has a spouse or civil partner. (4) “The annual rate of the deceased’s judicial pension” has the same meaning for the purposes of this section as it has for the purposes of section 5 above. (5) Section 5(7) accordingly applies for the purposes of this section in a case within section 5(6)(c), but as if the reference in section 5(7)(b) to the benefits payable on the deceased’s death included a reference to benefits payable to surviving dependants of the deceased.
8 Rate of children’s pension.
(1) Where the deceased leaves no surviving spouse or surviving civil partner, the annual rate of a children’s pension shall be— (a) while the eligible children of the deceased are two or more in number, two-thirds of the annual rate of the deceased’s judicial pension; and (b) while there is only one eligible child of the deceased, one-third of the annual rate of the deceased’s judicial pension. (2) Where the deceased leaves a surviving spouse or surviving civil partner, the annual rate of a children’s pension during the life of the surviving spouse or surviving civil partner shall be— (a) while the eligible children of the deceased are two or more in number, one-half of the annual rate of the deceased’s judicial pension; and (b) while there is only one eligible child of the deceased, one-quarter of the annual rate of the deceased’s judicial pension; and the annual rate of the children’s pension after the death of the surviving spouse or surviving civil partner shall be the rate specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) above. (3) Where the deceased— (a) leaves a surviving spouse who re-marries or forms a civil partnership, or (b) leaves a surviving civil partner who marries or forms a subsequent civil partnership, the Treasury may, if they think fit, direct that subsection (1) above shall apply instead of subsection (2) above as respects any period when the surviving spouse or surviving civil partner has a spouse or civil partner. (4) “The annual rate of the deceased’s judicial pension” has the same meaning for the purposes of this section as it has for the purposes of section 5 above. (5) Section 5(7) accordingly applies for the purposes of this section in a case within section 5(6)(c), but as if the reference in section 5(7)(b) to the benefits payable on the deceased’s death included a reference to benefits payable to surviving dependants of the deceased.
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