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

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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.

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Northern Irish Legislation

RESIDENT MAGISTRATES' PENSIONS ACT (NORTHERN IRELAND) 1960 - SECT 2