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The Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991

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Effect of making periodical payments

11.  –

(1) In this regulation–

“appropriate fraction” means 1/240 in the case of the holder of a 15-year office and 1/320 in the case of the holder of a 20-year office;

“full period” means 15 years in the case of the holder of a 15-year office and 20 years in the case of the holder of a 20-year office;

“gross reduction” means the amount by which an office-holder’s lump sum would, under Part II, be reduced if she had made no periodical payments.

(2) An office-holder who makes periodical payments at the standard rate for the full period shall not be liable to make any further contribution notwithstanding that she continues in service for a further period.

(3) For the purposes of paragraph (2) above, an office-holder shall be treated, for every period of service during which she has made additional payments in accordance with regulation 9(2), as having made payments at the standard rate for an additional period equal to the period during which she has made (or is to be treated under regulation 9(5) (6) as having made) such additional payments.

(4) If an office-holder retires or dies after having made periodical payments at the standard rate for less than the full period, the deficiency in her contributions shall be made up by a reduction in her lump sum, the amount of such reduction depending on the rate of personal pension she has earned and the length of the period during which she has made periodical payments and being calculated in accordance with paragraph (5) below.

(5) The amount of the reduction referred to in paragraph (4) above shall be arrived at by deducting from the gross reduction, for every month in respect of which the office-holder has made (or is to be treated, by virtue of regulation 9(5) as having made) periodical payments at the standard rate, the appropriate fraction of her last annual salary.

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