Regulation 4 Survivor benefits for civil partners and same sex spouses: the 1992 Scheme

(1)

In Part C (awards on death – spouses)—

(a)

in rule C1 (spouse’s ordinary pension)—

(i)

in paragraph (2)^f1, after “spouse” insert “or surviving civil partner”;

(ii)

omit paragraph (2A)^f2;

(b)

in rule C4 (spouse’s accrued pension), in paragraph (3)^f3—

(i)

in sub-paragraph (a), after “spouse” insert “or surviving civil partner”;

(ii)

omit sub-paragraph (b) and the “and” preceding it;

(c)

in rule C5 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership)^f4—

(i)

in paragraph (2), after “spouse” insert “or surviving civil partner”;

(ii)

omit paragraph (3);

(d)

in rule C6 (spouse or civil partner’s requisite benefit and temporary pension), in paragraph (4)^f5—

(i)

in sub-paragraph (a), omit “in the case of a surviving spouse,”;

(ii)

omit sub-paragraph (b) and the “and” preceding it;

(e)

in rule C8 (limitation where spouses living apart), in paragraph (2)^f6—

(i)

in sub-paragraph (a), omit “in the case of a surviving spouse,”;

(ii)

omit sub-paragraph (b) and the “and” preceding it.

(2)

In Part J (special cases), in rule J1 (guaranteed minimum pensions)^f7—

(a)

in paragraph (2)—

(i)

for sub-paragraph (b) substitute—

“(b)
in the case of a person who dies at any time and leaves a widow, a surviving same sex spouse or surviving civil partner, that person is entitled to a pension of a weekly rate equal to half the deceased person’s guaranteed minimum, and”;

(ii)

omit sub-paragraph (d) and the “and” preceding it;

(b)

in paragraph (4), for “, (c) or (d)” substitute “or (c)”.

(3)

In Schedule 1 (interpretation) to the 1992 Scheme, omit paragraphs 1 and 2 of Part 3 (provision relating to same sex couples)^f8.

(4)

In Schedule 3 (awards on death – spouses) to the 1992 Scheme—

(a)

in Part 3 (spouse’s accrued pension)—

(i)

in paragraph 2(1), after “spouse’s” insert “, or surviving civil partner’s,”;

(ii)

in paragraph 3(1), after “spouse” insert “or surviving civil partner”;

(b)

in Part 4 (pension for surviving spouse of post-retirement marriage), in paragraphs 1(1)^f9 and 2(1), after “surviving spouse” insert “or surviving civil partner”.

Annotations

Footnotes

f1: Paragraph (2) of rule C1 was substituted by article 2 of, and paragraph 3(a) of Schedule 1 to, S.I. 2014/3242 (W. 329).
f2: Paragraph (2A) of rule C1 was inserted by article 2 of, and paragraph 3 of Schedule 2 to, S.I. 2006/1672 (W. 160).
f3: Paragraph (3) of rule C4 was substituted by article 2 of, and paragraph 6 of Schedule 2 to, S.I. 2006/1672 (W. 160).
f4: Rule C5 was substituted by article 2 of, and paragraph 7 of Schedule 2 to, S.I. 2006/1672 (W. 160); paragraphs (2) and (3) were amended by article 2 of, and paragraph 17 of Schedule 1 to, S.I. 2007/1074 (W. 112).
f5: Rule C6 was substituted by article 2 of, and paragraph 18 of Schedule 1 to, S.I. 2007/1074 (W. 112).
f6: Paragraph (2) of rule C8 was substituted by article 2 of, and paragraph 10 of Schedule 2 to, S.I. 2006/1672 (W. 160); and amended by article 2 of, and paragraph 20 of Schedule 1 to, S.I. 2007/1074 (W. 112).
f7: Paragraph 2(d) of rule J1 was substituted by article 2 of, and paragraph 11 of Schedule 1 to, S.I. 2014/3242 (W. 329); paragraph (4) was amended by article 2 of, and paragraph 21 of Schedule 2 to, S.I. 2006/1672 (W. 160).
f8: Part 3 of Schedule 1 to the 1992 Scheme was inserted by article 4 of, and paragraph 17 of Part 2 of Schedule 3 to, S.I. 2014/560; there is an amendment to paragraph 1 not relevant to this instrument.
f9: Part 4 was substituted by article 2 of, and paragraph 83(b) of Schedule 1 to, S.I. 2006/1672 (W. 160); paragraph 1(1) was amended and paragraph 1(2) was substituted by article 2 of, and paragraph 63(c) of Schedule 1 to, S.I. 2007/1074 (W. 112).