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JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - LONG TITLE An Act to amend the law relating to the pensions and other benefits payable to and in respect of certain persons who administer justice, and for purposes connected therewith. [23rd August 1951] Part I (ss.1,2) rep. by 1959 c.7 (NI) s.11 sch. Pt.II; 1959 c.25 (NI) s.154(3) sch.5 Application of Part II. [ JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 3 3. Without prejudice to section 2(6)(a) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (application of certain provisions in respect of President of the Industrial Court or of the Industrial Tribunals), this Part shall apply in relation to service by a person as a National Insurance Commissioner remunerated by means of a salary; but in its application to such a Commissioner this Part shall have effect subject to paragraph 7(3) and (4) of Schedule 10 to the Social Security (Northern Ireland) Act 1975, "serve" and "service" being construed accordingly.] S.4 rep. by 1959 c.25 (NI) s.154(3) sch.5; SLR (NI) 1966 JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 5 Lump sum on retirement or death. 5.(1) Where a person on retirement becomes eligible for a pension for service, he may be granted a lump sum equal to twice the annual amount of that pension. (2) Where a person was serving at the time of his death and, if he had then retired on the ground of permanent infirmity, would have become eligible for a pension for that service, his legal personal representatives may be granted a lump sum equal to (a)twice the annual amount of the pension for which he would have been so eligible; or (b)his last annual salary; (3) Where a person on retirement becomes eligible for a pension for service but dies so soon thereafter that the sums paid or payable to him on account of that pension plus an amount equal to twice the annual amount of that pension fall short of his last annual salary for such service, his legal personal representatives may be granted a lump sum equal to the deficiency. Subs.(4) spent Power to grant widows' and children's pensions. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 6 6. Subject to the provisions of this Part of this Act, on the death after the commencement of this Act of a person (in this Act referred to as "the deceased") who (a)had become eligible for a pension for service; or (b)was serving at the time of his death and would, if he had then retired on the ground of permanent infirmity, have become eligible for a pension for such service; (i)where he leaves a widow, a pension to that widow (in this Act referred to as a "widow's pension"); and (ii)where he had a wife at any time during his relevant service (whether or not the marriage continued until his death and whether or not a widow's pension is or can be granted), a pension for the benefit of the children of the marriage and of children adopted by him during the marriage (in this Act referred to as a "children's pension"). JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 7 Widow's pension. 7.(1) No widow's pension may be granted if the marrriage with the deceased took place after he retired from relevant service. (2) The widow's pension shall determine on her death or re-marriage but may, if the Ministry of Finance specially directs, be paid in respect of any period after re-marriage when she has no husband. (3) The annual amount of the widow's pension may be one-third of the annual amount of the personal pension. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 8 Children's pension: beneficiaries. 8.(1) A children's pension may be granted if, and be paid so long as and whenever, there are persons for whose benefit it can enure. (2) Subject to the provisions of this section, the persons for whose benefit a children's pension can enure are any such children as are referred to in section six of this Act who are for the time being in their period of childhood and full-time education. (3) A children's pension cannot enure for the benefit of any person conceived, or adopted by the deceased, after the end of his relevant service. (4) A children's pension cannot enure for the benefit of a female person who at the time of the death of the deceased was married and if, after the death of the deceased, a female person marries, she shall thereupon cease to be a person for whose benefit a children's pension can enure. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 9 Meaning of ""period of childhood and full-time education''. 9.(1) A person shall be deemed for the purposes of the last preceding section to be in his period of childhood and full-time education while either (a)he is under the age of sixteen; or (b)he is receiving full-time instruction at any university, college, school or other educational establishment; or (c)he is undergoing training by any person (hereinafter referred to as "the employer") for any trade, profession or vocation in such circumstances that (i)he is required to devote the whole of his time to the training for a period of not less than two years; and (ii)while he is undergoing the training, the emoluments receivable by him, or payable by the employer in respect of him, do not exceed [#104] a year, exclusive of any emoluments receivable or payable by way of return of any premium paid in respect of the training: Provided that a person shall not be deemed for the purposes of this section to satisfy the conditions specified in paragraph (b) or the conditions specified in paragraph (c) of this sub-section, unless there has up till then been no time since he attained the age of sixteen when he did not satisfy one or other of those conditions. Any period of whole-time service in the armed forces of the Crown under the National Service Acts, 1948 to 1950, shall be ignored for the purposes of this proviso. (2) In the preceding sub-section the expression "emolument" means any salary, fees, wages, perquisites or profits or gains whatsoever, and includes the value of free board, lodging or clothing, and, for the purposes of sub-paragraph (ii) of paragraph (c) of the said sub-section, where a premium has been paid in respect of the training of a person, all emoluments at any time receivable by him, or payable by the employer in respect of him, shall be deemed to be receivable or payable by way of return of the premium, unless and except to the extent that the amount thereof exceeds in the aggregate the amount of the premium. (3) As respects any period during which neither of the conditions specified in paragraphs (b) and (c) of sub-section (1) of this section is satisfied in relation to a person, the Ministry of Finance may, if it thinks fit, and is satisfied that that person's full-time education ought not to be regarded as completed, direct either (a)that that period shall be ignored for the purposes of the proviso to sub-section (1) of this section; or (b)that that period shall be so ignored and shall also be treated as part of his period of childhood and full-time education for all the other purposes of the last preceding section. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 10 Children's pension: rate and mode of payment. 10.(1) Only one children's pension shall be granted in respect of the service of any one person, but (a)the rate thereof may vary according to the number of persons for whose benefit it can for the time being enure; and (b)it shall be paid to such person or persons as the Ministry of Finance may from time to time direct, and different parts thereof may be directed to be paid to different persons; and (c)the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as the Ministry of Finance from time to time directs. (2) Where the deceased leaves no widow and, if he leaves a widow, after her death, the annual amount of a children's pension (a)while the persons for whose benefit it can enure are three or more in number, may amount to one-third of the annual amount of the personal pension; (b)while the said persons are two in number, may amount to one-quarter of the annual amount of the personal pension; (c)while there is only one such person, may amount to one-sixth of the annual amount of the personal pension. (3) Subject to the provisions of the succeeding sub-section, where the deceased leaves a widow, the annual amount of a children's pension during her life (a)while the persons for whose benefit it can enure are four or more in number, may amount to one-third of the annual amount of the personal pension; (b)while the said persons are three in number, may amount to one-quarter of the annual amount of the personal pension; (c)while the said persons are two in number, may amount to one-sixth of the annual amount of the personal pension; (d)while there is only one such person, may amount to one-twelfth of the annual amount of the personal pension. (4) Notwithstanding anything in the foregoing provisions of this section, where the deceased leaves a widow who remarries, no children's pension shall be payable as respects any period when she has a husband unless the Ministry of Finance specially directs that such a pension shall be so payable, but, if the Ministry of Finance does specially so direct, it may, if it thinks fit, further direct that sub-section (2) of this section shall apply as respects any such period notwithstanding that the widow is alive. Contribution towards cost of widow's and children's pension. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 11 11.(1) A contribution towards the cost of the liabilities assumed under this Part of this Act for the benefit of a man's wife and children shall be made, taking the form of a reduction in the lump sum which may be granted under this Part in respect of that man's service. (2) The amount of the contribution shall be equal to the annual amount of the personal pension: Provided that where the man last had a wife at a time before the end of his relevant service (leaving out of account any marriage after the end of that service) the amount of the contribution shall be the annual amount of the personal pension (a)multiplied by the number of years of his relevant service completed before that time; and (b)divided by the number of years of his relevant service completed in all. (3) No contribution shall be made in the case of a man who at no time during his relevant service had a wife. [(3A) The foregoing provisions of this section shall not apply in the case of a man continuing to serve after 17th April 1973 unless, in pursuance of regulations made under Schedule 3 to the Administration of Justice Act 1973, he elects that this Act shall apply to him as if that Schedule had not been passed.] Persons serving again after retirement. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 12 12. Where any person after retirement from service resumes his service, that retirement shall be left out of account for all the purposes of this Part of this Act except that (a)if a lump sum was granted on that retirement without any contribution being made, then unless that person on resumption of his service, or within three months of his marrying while again serving, refunds by way of contribution one half of the lump sum, no pension shall be granted to any widow or child of his; and (b)any lump sum granted on that retirement, less any refund, shall be set off against any lump sum to be granted in respect of his service. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 13 Persons already serving. 13.(1) If a person serving at the commencement of this Act within three months of such commencement so elects (a)any pension in relation to which his service was relevant service shall not be reduced under this Part of this Act; and (b)eligibility for any pension in relation to which that service was relevant service shall not satisfy the conditions under which a lump sum or widow's or children's pension may be granted under this Act. (2) If such a person as aforesaid who has not made an election under the preceding sub-section, within three months of the commencement of this Act so elects (a)eligibility for any pension in relation to which the said service was relevant service shall not satisfy the conditions under which a widow's or children's pension may be granted under this Part of this Act; and (b)any lump sum payable in respect of that service shall not be reduced under section eleven of this Act. (3) A man who after duly making an election under this section marries while still serving may within three months after the marriage by notice revoke his election. (4) An election or notice authorised to be made under this section shall be in writing, shall be made to the Ministry of Finance, and shall be made in the life-time of the person who makes it. Savings for allocation of pension and for reduction of pension under National Insurance Act. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 14 14.(1) The fact that this Part of this Act applies to a person shall not affect any rights of his under section two of the Superannuation Act (Northern Ireland), 1935 (which provides for the partial allocation of superannuation benefits to wives and dependants) and any calculations to be made under this Part of this Act shall be made as if any surrender under that section of a part of a pension had not been made. (2) In making any calculation under this Part of this Act any abatement of a pension falling to be made under regulations made under sub-section (4) of section sixty-six of the National Insurance Act (Northern Ireland), 1946 (which authorises the modification of any pensions scheme in connection with the passing of that Act) shall be left out of account. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 15 Effect under this Act of certain nullity decrees. 15. Where a marriage which is voidable but not void from the beginning is declared to be null by any court of competent jurisdiction, the same results shall follow under this Part of this Act as would have followed thereunder if the marriage had not been voidable and had been dissolved at the date of the declaration of nullity.[ JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 16 Departmental recommendation required in certain cases. 16. The grant under this Part of this Act of a lump sum or widow's or children's pension conditional on eligibility for a pension for service as a National Insurance Commissioner shall require the recommendation of the Department of Health and Social Services.] JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 17 Consequential provisions for reduction of personal pension. 17. The Second Schedule to this Act shall have effect for the purposes of the reduction of personal pension in accordance with the foregoing provisions of this Part of this Act. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 18 Incidence of liability in respect of benefits under this Part of this Act. 18. The Third Schedule to this Act shall have effect for assimilating the liability to pay, or bear the cost of, any derivative benefit with the liability to pay, or bear the cost of, the personal pension. Part III (s.19) spent Satisfactory health requisite for certain appointments. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 20 20. ..., a person about to be appointed to any office [referred to in this Act (other than a National Insurance Commissioner) shall before] being so appointed, furnish to the Minister on whose advice the appointment is to be made satisfactory evidence that his health is suitable for the discharge of the duties of such office. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 21 Financial provisions. 21.(1) There shall be charged on and paid out of the Consolidated Fund Para.(a) rep. by 1959 c.25 (NI) s.154(3) sch.5 (b)any lump sum or widow's or children's pension if and so far as it is directed by this Act to be so paid. (2) There shall be paid out of moneys provided by Parliament (a)any lump sum or widow's or children's pension if and so far as it is directed by this Act to be so paid; (b)any increase attributable to this Act in any sums which under any other enactment are to be so paid. (3) There shall be paid into the Exchequer (a)any refund of part of a lump sum, if and so far as it is directed by this Act to be so paid; (b)any increase attributable to this Act in the sums which, under the Superannuation Act (Northern Ireland), 1949, fall to be so paid. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 22 Interpretation. 22.(1) In this Act, unless the context otherwise requires, the expression Definition rep. by 1959 c.25 (NI) s.154(3) sch.5 "derivative benefit" means any lump sum under this Act or any widow's or children's pension; Definition rep. by 1959 c.25 (NI) s.154(3) sch.5 ["National Insurance Commissioner" means a National Insurance Commissioner appointed under section 97(3) of the Social Security (Northern Ireland) Act 1975;] "relevant service" means service in one or more than one of the capacities referred to in section three of this Act, including service before the passing of this Act, and in relation to any derivative benefit or any contribution taking the form of a reduction in a derivative benefit the said expression has the same meaning as it has in relation to the personal pension; "the personal pension" in relation to any derivative benefit or contribution taking the form of a reduction in a derivative benefit, means the pension eligibility for which is a condition of the granting of the derivative benefit. Subs.(2) rep. by 1959 c.25 (NI) s.154(3) sch.5 (3) Any reference in this Act to a person's adopting a child shall be construed as a reference to his adopting a child (whether alone or jointly with any other person in pursuance of an adoption order made under the Adoption of Children Act (Northern Ireland), 1950, or any enactment repealed and re-enacted by that Act, or under any corresponding enactment of the Parliament of the United Kingdom or to his adopting a child (whether alone or jointly with any other person) in accordance with the law of the place where he was domiciled at the time of the adoption. Subs.(4) rep. by 1954 c.33 (NI) s.48(1) sch. JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 23 Short title. 23. This Act may be cited as the Judicial Pensions Act (Northern Ireland), 1951. First Schedule rep. by 1959 c.25 (NI) s.154(3) sch.5. Second Schedulepara.1 spent; paras.2,3 rep. by 1959 c.25 (NI) s.154(3) sch.5; para.4 rep. by SLR (NI) 1966 1. Save as otherwise directed by this Schedule, any derivative benefit shall be paid out of moneys provided by Parliament. 2. If the personal pension is or would be payable out of the Consolidated Fund, the derivative benefit shall be payable in the same manner. Para.3 rep. by 1962 c.9 (NI) s.15(4) sch.4 Pt.II 4.(1) Any refund of the half of a lump sum under section thirteen of this Act shall be paid into the Exchequer. (2) Where such a refund is made as aforesaid, all such adjustments shall be made, including payments out of the Consolidated Fund or out of moneys provided by Parliament and payments into the Exchequer, as will secure that the position is the same as if the lump sum had been half what it was and no refund had been made. 5. In this Schedule any reference to a lump sum shall be construed as a reference to the net amount after any reduction under section twelve of this Act has been made and references in the preceding paragraphs of this Schedule to contributions do not include references to the contribution referred to in the said section twelve. (a)President of the Industrial Ct. or of the Industrial Tribunals, and members of panel of chairmen of Industrial Tribunals, 1969 c.7 (NI) s.2(6); (b)NI Parl. Commr. for Administration and NI Commr. for Complaints, SRO (NI) 1973/455