
1 
This Order may be cited as the Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997 and shall come into operation on 1st December 1997.
2 
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 Northern Ireland.
3 
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.
4 

(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 8B(4) of the Pension Schemes (Northern Ireland) Act 1993.
(2) In this Article ‘reference scheme' has the meaning given to it in the Pensions Schemes (Northern Ireland) Act 1993.
5 
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 8B(4) of the Pensions Schemes (Northern Ireland) Act 1993 and shall be assessed by reference to the service of the member of the scheme on and after 6th April 1997.
6 
Any pension to which a surviving spouse is entitled to 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.
7 
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.
8 

(1) The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 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'.
Irvine of Lairg, C.
Dated 4th November 1997