3 The appropriate annual rate

3  The appropriate annual rate

(1)     In the case of a person who has, at the time of his retirement from qualifying judicial office, completed, in the aggregate, at least 20 years' service in such office, the “appropriate annual rate” for the purposes of this Act is an annual rate equal to one-half of his pensionable pay.

(2)     In the case of a person not falling within subsection (1) above, the “appropriate annual rate” for the purposes of this Act is an amount equal to one-fortieth of his pensionable pay, multiplied by the aggregate length of his service in qualifying judicial office (expressed in years and fractions of a year).

(3)     For the purposes of this Act—

(a)     a person's “pensionable pay” is the greater of the following amounts, that is to say—

(i)     the pension-capped salary payable to him in respect of his service in qualifying judicial office in the period of twelve months ending with the day on which. . . his participation in the scheme constituted by this Part ceases; and

(ii)     the greatest amount of pension-capped salary payable to him in respect of such service in any other period of twelve consecutive months falling within the period of three years

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