Annuities Payable to Survivors and Children of Judges Regulations

3 (1) On the payment of an annuity under the Act to the survivor or child of a judge or a retired judge, application in writing may be made by or on behalf of the survivor or child to the Minister for payment out of the Consolidated Revenue Fund of the whole or any part of the portion of any estate, legacy, succession or inheritance duties or taxes (in this section referred to as “death duties”) payable by the survivor or child that is attributable to the annuity.

(2) The Minister of Finance may, at the request of the Minister, in accordance with an application made under subsection (1), direct that death duties be paid out of the Consolidated Revenue Fund for the survivor or child in respect of the annuity, but the maximum amount that may be so paid out for the survivor or child is the amount equal to the proportion of the death duties payable by the survivor or child in consequence of the death of the judge or retired judge that

• (a) the value of the annuity paid to the survivor or child

is of

• (b) the value of the property in respect of which death duties are payable by the survivor or child in consequence of the death of the judge or retired judge.

(3) The value of the property referred to in paragraph (2)(b) is the value used for the purpose of the final determination of the death duties payable by the survivor or child in respect of that property.

(4) Where the Minister of Finance makes a direction in accordance with subsection (2), the annuity payments to the survivor or child shall be reduced either for a term requested by or on behalf of the survivor or child in the application made under subsection (1) or, if no such request is made, during the entire period for which the annuity is payable, by one-twelfth of the amount calculated by dividing the amount of the death duties to be paid for the survivor or child out of the Consolidated Revenue Fund by the value of an annuity of $1 per annum payable monthly for the term requested in the application made under subsection (1) or, if no such request is made, for a period for which the annuity is payable to a person of the age of the survivor or child at the date of payment of the death duties out of the Consolidated Revenue Fund, calculated

• (a) in the case of an annuity payable to the survivor, in accordance with the table entitled “a(f) Ultimate Table” appearing in the “Mortality of Annuitants 1900-1920” published on behalf of the Institute of Actuaries and the Faculty of Actuaries in Scotland, 1924, together with interest at the rate of 4% per annum; and

• (b) in the case of an annuity payable to a child, at an interest rate of 4% per annum, and the child’s life expectancy shall not be taken into account.