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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