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RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - LONG
TITLE

An Act to amend the law relating to pension and superannuation
benefits payable to, or in respect of service as, a resident
magistrate and for purposes connected therewith{1}.
[31st May 1960]
Retirement and pensionRetiring age of resident magistrates.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 1

1. Every resident magistrate (whether appointed before or after the
passing of this Act) shall vacate his office [at the end of the
completed year of service in which he attains the age of seventy;
but where the Lord Chancellor considers it desirable in the public
interest to retain him in office after that time, the Lord
Chancellor may from time to time authorise him to continue in
office up to such age, not exceeding seventy-two, as the Lord
Chancellor thinks fit.]

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 2
Pensions of resident magistrates.

2.(1) Subject to the provisions of this Act, the Ministry of
Finance on the recommendation of the Ministry of Home Affairs (in
this Act referred to as "the Ministry") may, on the retirement of
a resident magistrate who is appointed after the passing of this
Act or who has elected, pursuant to section eleven that this Act
shall apply to him, grant to him an annual sum by way of pension.

(2) A pension granted under sub-section (1)

(a)shall, if the resident magistrate is not a person to whom
paragraph (b) applies, be calculated in accordance with Part I of
the Schedule;

(b)shall, if the resident magistrate is a person to whom this
paragraph applies, be calculated in accordance with Part II of the
Schedule;

(c)shall be payable by such instalments, at such times and in such
manner as the Ministry of Finance may think proper.

(3) Without prejudice to sub-section (2) of section sixteen, the
Ministry of Finance shall not grant a pension under this Act to a
resident magistrate unless

(a)not being a person to whom paragraph (b) of sub-section (2)
applies, he has completed five years' service as a resident
magistrate;

(b)being a person to whom paragraph (b) of sub-section (2) applies,
either

(i)he has completed five years' service as a resident magistrate; or

(ii)the aggregate of the periods of his service as a resident
magistrate and of his service in whole-time employment to which the
Superannuation Acts apply (in this Act referred to as "aggregated
service") is not less than ten years' service;

(c)he is not less than sixty-five years of age, except upon a
medical certificate to the satisfaction of the Minister of Home
Affairs (in this Act referred to as "the Minister") that he is
incapable, from infirmity of mind or body, of discharging the duties
of his office, and that the incapacity is likely to be permanent.

(4) A resident magistrate to whom a pension has been granted under
this section before he has attained the age of sixty-five in
consequence of any such incapacity as is mentioned in paragraph (c)
of sub-section (3) shall, until he has attained that age, be liable
to be required by the Governor to resume the duties of a resident
magistrate with the salary attached thereto, and, if (being in a
competent state of health) he declines when so required to resume
those duties, or declines or neglects to execute those duties, his
pension shall cease to be payable, unless the Minister of Finance
after consultation with the Minister otherwise directs.

(5) Whenever a resident magistrate has resumed his duties as
aforesaid, the payment of the pension granted to him shall be
suspended during the period of his resumed service, but, subject to
sub-section (4), at the end of that period the pension shall again
be payable and be recalculated in accordance with Part I or Part
II of the Schedule, as the case may require, and for that purpose
the period of his resumed service shall be added to the period of
his former service.

(6) Paragraph (b) of sub-section (2) applies to

(a)a person who at the time of his appointment as a resident
magistrate

(i)is serving in whole-time employment to which the Superannuation
Acts apply; and

(ii)has not become eligible for any superannuation benefits under
those Acts; or

(b)a person who at any time before his appointment as a resident
magistrate has retired from employment to which the Superannuation
Acts apply in such circumstances that, on attaining a specific age,
he would or might have become eligible for a superannuation
allowance by virtue of sub-section (2) of section thirty-four of the
Superannuation Act (Northern Ireland), 1949, but has not at the date
of his appointment as a resident magistrate become eligible for such
a superannuation allowance.

Lump sum on retirement or death.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 3

3.(1) Where a resident magistrate on retirement becomes eligible for
a pension, the Ministry of Finance may in addition grant to him a
lump sum equal to twice the annual amount of that pension.

(2) Where a serving resident magistrate dies who, if, at the time
of his death, he had retired on the ground of permanent infirmity,
would have become eligible under this Act for a pension, subject to
sub-section (3) of section eighteen, the Ministry of Finance may
grant to his representatives 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)a person to whom paragraph (b) of sub-section (2) of section two
applies dies after he has completed less than five years' service
as a resident magistrate; and

(b)his aggregated service is not less than five years' service but
less than ten years' service;

(4) Where a resident magistrate on retirement becomes eligible for a
pension but dies so soon after his retirement that the sums paid
or payable to him on account of that pension when added to an
amount equal to twice the annual amount of that pension fall short
of the amount of the lump sum which would have been granted under
sub-section (2) to his representatives if, at the time of his
retirement from service as a resident magistrate, he had died while
serving as a resident magistrate, the Ministry of Finance may grant
to his representatives a lump sum equal to the deficiency.

Power to grant widows' and children's pensions.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 4

4. Subject to the provisions of this Act, on the death after the
passing of this Act of a resident magistrate (in this Act referred
to as "the deceased") who

(a)had become eligible for a pension; or

(b)was serving as a resident magistrate 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;

(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 service as a
resident magistrate, or, where he was a person to whom paragraph
(b) of sub-section (2) of section two applied, during his service
as a resident magistrate or his service in whole-time employment to
which the Superannuation Acts apply (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").

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 5
Widow's pension.

5.(1) A widow's pension shall not be granted if the marriage with
the deceased took place after he retired from serving as a resident
magistrate.

(2) The widow's pension shall determine on her death or remarriage
but may, if the Ministry of Finance specially directs, be paid in
respect of any period after remarriage 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.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 6
Children's pension: beneficiaries.

6.(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 four 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 service
as a resident magistrate.

(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.

(5) A children's pension cannot enure for the benefit of any
children of a resident magistrate who, by virtue of paragraph (c)
of sub-section (5) of section nine, is not required to make any
contribution towards the cost of the liabilities assumed under this
Act for the benefit of his widow and children.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 7
Meaning of ""period of childhood and full-time education''.

7.(1) A person shall, subject to sub-section (2), be deemed for the
purposes of section six to be in his period of childhood and
full-time education while

(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 (in this Act 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.

(2) A person shall not be deemed for the purposes of this section
to satisfy the conditions specified in paragraph (b) or paragraph
(c) of sub-section (1) unless there has not up till then been any
time since he attained the age of sixteen when he did not satisfy
one or other of those conditions.

(3) Any period of whole-time service in the armed forces of the
Crown under the National Service Acts, 1948 to 1955, shall be
ignored for the purposes of sub-section (2).

(4) In sub-section (1) "emoluments" 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 that 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.

(5) As respects any period during which neither of the conditions
specified in paragraphs (b) and (c) of sub-section (1) is satisfied
in relation to a person, the Ministry of Finance may, if it thinks
fit, and is satisfied that a person's full-time education ought not
to be regarded as completed, direct

(a)that that period shall be ignored for the purposes of sub-section
(2); 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 section six.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 8
Children's pension: rate and mode of payment.

8.(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 does not leave a 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 those 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 sub-section (4), 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 those persons are three in number, may amount to
one-quarter of the annual amount of the personal pension;

(c)while those 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 this section, where the deceased
leaves a widow who remarries, a children's pension shall not 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 that Ministry does specially so direct, it may,
if it thinks fit, further direct that sub-section (2) shall apply
as respects any such period notwithstanding that the widow is alive.

Contribution towards cost of widow's and children's pension.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 9

9.(1) A contribution towards the cost of the liabilities assumed
under this Act for the the benefit of a resident magistrate's widow
and children shall be made, taking the form of a reduction in the
lump sum which may be granted under this Act.

(2) The amount of the contribution shall, subject to sub-sections
(3) and (4), be equal to the annual amount of the personal
pension.

(3) Where a resident magistrate (not being a person to whom
paragraph (b) of sub-section (2) of section two applies) last had a
wife at a time before the end of his 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 service completed before
that time; and

(b)divided by the number of years of his service completed in all.

(4) Where a resident magistrate (being a person to whom paragraph
(b) of sub-section (2) of section two applies) last had a wife at
a time before the end of his service as a resident magistrate or
of his service in whole-time employment to which the Superannuation
Acts apply (leaving out of account any marriage after the end of
his service as a resident magistrate), the amount of the
contribution shall be the annual amount of the personal pension

(a)multiplied by the number of years of his aggregated service
completed before that time; and

(b)divided by the number of years of his aggregated service
completed in all.

(5) A contribution shall not be made

(a)in the case of a man (not being a person to whom paragraph (b)
of sub-section (2) of section two applies) who had not a wife at
any time during his service as a resident magistrate; or

(b)in the case of a man (being a person to whom paragraph (b) of
sub-section (2) of section two applies) who had not a wife at any
time during his service as a resident magistrate or his service in
whole-time employment to which the Superannuation Acts apply; or

(c)in the case of a man (being a person to whom paragraph (b) of
sub-section (2) of section two applies) who

(i)was not a participant in the Widows' and Children's Pension
Scheme established under the Superannuation Act (Northern Ireland),
1949; and

(ii)last had a wife at a time before his appointment as a resident
magistrate.

[(5A) 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.]

Resident magistrates serving again after retirement.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 10

10. Where any person after retirement from service as a resident
magistrate resumes his service, that retirement shall be left out of
account for all the purposes 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 as a resident magistrate or within three months of his
marrying while again serving as a resident magistrate, refunds by
way of contribution one-half of the lump sum, a pension shall not
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 subsequently granted in respect of
his service.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 11
Resident magistrates already serving.

11. A resident magistrate holding office at the passing of this Act
may, by notice in writing given to the Ministry within three months
of such passing, elect that this Act shall apply to him; and where
a resident magistrate duly makes such an election, this Act shall,
subject to his releasing, in such manner as the Ministry of Finance
may approve, any superannuation benefits under any other enactment in
respect of his service, apply to him as from the date of the
commencement of his service as a resident magistrate.

Allocation of part of pension to dependants.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 12

12.(1) The Ministry of Finance may make rules for securing that, in
such circumstances and subject to such conditions as to proof of
good health and other matters as may be specified in the rules, a
retiring resident magistrate who retires from office otherwise than
on the ground of ill-health, after the passing of this Act, shall
be allowed to surrender, as from the date of his retirement, in
return for the benefits allowed under the rules such part, not
exceeding one-third of his personal pension, as may be specified in
the rules, and for enabling that Ministry to grant to the wife or
to a dependant of the retiring resident magistrate a pension of
such value as, according to tables to be prepared from time to
time by that Ministry, is actuarially equivalent, at that date, to
the value of that part of the personal pension which is
surrendered.

(2) Any such pension as aforesaid for the benefit of a dependant
(not being a wife) of a retiring resident magistrate shall be
payable in respect of the period, if any, for which the dependant
survives the resident magistrate, and any such pension as aforesaid
for the benefit of the wife of a resident magistrate shall,
according as the resident magistrate may, in conformity with the
rules under this section, elect, be payable

(a)in respect of the period, if any, for which the wife survives
the resident magistrate; or

(b)in respect both of the period of their joint lives subsequent to
the retirement and of the period, if any, for which the wife
survives the resident magistrate;

(3) If a resident magistrate has, in accordance with rules made
under this section, surrendered part of his pension, any lump sum
or widow's or children's pension payable under this Act apart from
this section shall be calculated as if that surrender had not been
made.

(4) Rules made under this section shall be subject to negative
resolution.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 13
Allocation by certain retired resident magistrates of part of their
pensions to their wives.

13.(1) The Ministry of Finance may make rules for securing that, in
such circumstances and subject to such conditions as to proof of
good health and other matters as may be specified in the rules, a
retired resident magistrate under the age of seventy who has retired
from office (otherwise than on the ground of ill-health) after the
passing of this Act, and who has married since his retirement
shall, subject to sub-section (2), be allowed to surrender, as from
the date of his marriage, in return for the benefits allowed under
the rules such part of his personal pension as may be specified in
the rules, and for enabling that Ministry to grant to his wife a
pension of such value as, according to tables prepared from time to
time by that Ministry, is actuarially equivalent, at that date, to
the value of that part of the personal pension which is
surrendered.

(2) The part of a personal pension surrendered by a person under
this section, together with any part thereof surrendered under
section twelve, shall not exceed one-third of that pension.

(3) Sub-sections (2) and (3) of section twelve, so far as they
apply to surrenders made for the benefit of wives and pensions
granted to wives, shall apply also to surrenders under this section
and pensions granted by virtue thereof, but as if any reference to
the date of retirement was a reference to the date of the
marriage.

(4) Rules made under this section shall be subject to negative
resolution.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 14
Effect of decisions by Ministry of Finance.

14. The decision of the Ministry of Finance shall be final on any
question arising as to

(a)the application of any of the provisions of this Act to any
person; or

(b)the amount of any pension under this Act; or

(c)the reckoning of any service for the purpose of calculating such
a pension.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 15
Effect 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 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.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 16
Evidence as to health.

16.(1) Subject to sub-sections (2) to (4), a person about to be
appointed a resident magistrate shall, before being so appointed,
furnish to the Minister satisfactory evidence that his health is
suitable for the discharge of the duties of that office.

(2) A person about to be appointed a resident magistrate may elect
that he shall not, before being so appointed, furnish evidence as
to his health, and where a person is appointed as a resident
magistrate after having made such an election, then, subject to
sub-section (3), as respects him, the specified provisions shall not
have effect until he has completed ten years' service.

(3) Where the Minister is satisfied that the health of a resident
magistrate who has made an election under sub-section (2) has
throughout his service been such that it has enabled him duly to
discharge the duties of his office, the Minister may, after the
completion of ten years' service by that resident magistrate, direct
that the specified provisions shall have effect as if he had not
made that election.

(4) A resident magistrate who has made an election under sub-section
(2) may at any time during his tenure of office furnish to the
Minister satisfactory evidence that his health is suitable for the
discharge of the duties of his office, and the Minister may
thereupon direct that for the purposes of the specified provisions
that resident magistrate shall be treated as if he had not made
that election.

(5) In this section "the specified provisions" means sub-sections (1)
and (2) of section two, sections three to ten and section twelve.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 17
Application of Superannuation Acts.

17.(1) The Superannuation Acts shall not apply to

(a)resident magistrates appointed after the passing of this Act;

(b)resident magistrates who have elected under section eleven that
this Act shall apply to them;

(2) Where a person appointed as a resident magistrate is a person
referred to in paragraph (b) of sub-section (6) of section two, the
Superannuation Acts shall cease to apply to him and, accordingly,
the Ministry of Finance shall not grant any superannuation benefits
under those Acts in respect of his service in whole-time employment
to which those Acts apply.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 18
Persons receiving other superannuation benefits.

18.(1) Where a person (other than a person referred to in paragraph
(b) of sub-section (6) of section two) appointed as a resident
magistrate has received or become eligible for any superannuation
benefits under the Superannuation Acts, he may be treated, for the
purposes of this Act, as a person to whom paragraph (b) of
sub-section (2) of section two applies if, at the time of his
appointment as a resident magistrate or within three months thereof

(a)he pays to the Ministry of Finance

(i)an amount equal to the lump sum or gratuity, if any, granted to
him under the Superannuation Acts; and

(ii)an amount equal to the sums, if any, paid to him under those
Acts in respect of his pension for the period after the time of
his appointment as a resident magistrate; and

(b)he releases, in such manner as the Ministry of Finance may
approve, any superannuation benefits payable to or in respect of him
under those Acts.

(2) Where at the time of his retirement from the office of
resident magistrate, a resident magistrate is receiving any
superannuation allowances under the Superannuation Acts or the
Superannuation Acts, 1834 to 1950, and the aggregate of

(a)the annual amounts of those allowances; and

(b)the annual amount of the pension for which, but for this
sub-section, he would be eligible under this Act;

(i)one-half of his retiring salary as a resident magistrate; or

(ii)one-half of his retiring salary in the employment by virtue of
which he became eligible for an allowance under the Superannuation
Acts; or

<(iii)one-half of his retiring salary in the employment by virtue of which he became eligible for an allowance under the Superannuation Acts, 1834 to 1950;

(3) Where a resident magistrate has received any lump sum

(a)under the Superannuation Acts; or

(b)under the Superannuation Acts, 1834 to 1950;

(i)twice the annual amount of the pension for which he would have
been eligible if, at the time of his death, he had retired on the
ground of permanent infirmity; or

(ii)the amount, if any, by which his last annual salary exceeds the
lump sum received by him under the Superannuation Acts or the
Superannuation Acts, 1834 to 1950;

(4) In this section "retiring salary" in relation to any employment
to which the Superannuation Acts or the Superannuation Acts, 1834 to
1950, apply, means the amount of the average salary payable to a
person during the three years immediately preceding the date of his
retirement from that employment.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 19
Reckoning of unestablished service.

19. For the purposes of reckoning a person's service in relation to
any provision of this Act, service in an unestablished capacity in
whole-time employment to which the Superannuation Acts apply shall be
taken into account only as to one-half of the period thereof in so
far as that service was rendered before the eleventh day of August,
ninteen hundred and forty-nine.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 20
Construction of certain superannuation enactments.

20.(1) It is hereby declared that for the purposes of section
twenty of the Superannuation Act, 1834, the office of resident
magistrate is an office in a public department within the meaning
of that section.

Subs.(2) spent

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 21
Financial provisions.

21.(1) All sums payable under this Act shall be [charged on and
paid out of the Consolidated Fund of the United Kingdom].

(2) Any refund of a lump sum or any part thereof shall be paid
into the [Consolidated Fund of the United Kingdom].

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 22
Interpretation.

22.(1) In this Act

"aggregated service" has the meaning assigned to it by section two;

"Minister" and "Ministry" have the meanings respectively assigned to
them by section two;

"personal pension" in relation to a resident magistrate or to the
widow or children of a deceased resident magistrate, means the
pension payable under this Act to that resident magistrate or for
which he would have been eligible had he retired on the date of
his death;

"resident magistrate" means (except in section one)

(a)any resident magistrate appointed after the passing of this Act;

(b)any resident magistrate who elects, pursuant to section eleven,
that this Act shall apply to him;

"retiring salary" means the amount of the ... salary (excluding sums
payable by way of additional salary under sub-section (1) of section
one of the Resident Magistrates (Belfast) Act, 1911) payable to a
resident magistrate [immediately before his retirement];

"Superannuation Acts" means the Superannuation Acts (Northern Ireland),
1921 to 1958, and includes any enactments thereby applied to the
civil service of Northern Ireland.

(2) 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
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.

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 23
Short title.

23.(1) This Act may be cited as the resident Magistrates' Pensions
Act (Northern Ireland), 1960.

Subs.(2) rep. by SLR 1973

1. When the number of completed years of service as a resident
magistrate is that specified in the first column of the following
table, the annual pension shall not exceed the fraction of the
retiring salary respectively specified in the second column of that
table.

2. Any period of service after twenty years shall not be taken
into account for the purposes of this Part.

1. Where a person to whom paragraph (b) of sub-section (2) of
section two applies has served as a resident magistrate for less
than five years and his aggregated service is not less than ten
years' service, subject to paragraph 3, the amount of the annual
pension shall not exceed one-eightieth of his retiring salary as a
resident magistrate in respect of each year of his aggregated
service.

2. Where a person to whom paragraph (b) of sub-section (2) of
section two applies has served as a resident magistrate for not
less than five years, subject to paragraph 3, the amount of the
annual pension shall not exceed the aggregate of

(a)the annual amount of the pension (calculated in accordance with
Part I) for which he would have become eligible if he had served
only as a resident magistrate (without regard to any service by him
in whole-time employment to which the Superannuation Acts apply); and

(b)one-eightieth of his retiring salary as a resident magistrate in
respect of each year of service in whole-time employment to which
the Superannuation Acts apply.

3. A pension calculated under this Part shall not exceed whichever
is the greater of the following amounts, that is to say

(a)one-half of the resident magistrates' retiring salary; or

(b)one-half of his retiring salary in any employment to which the
Superannuation Acts apply.

4. In this Part "retiring salary" in relation to any employment to
which the Superannuation Acts apply has the same meaning as in
section eighteen.