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The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005

S.R. 2005/433 · Made 29 September 2005 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2016.

This Statutory Rule is being issued free of charge to all known recipients of Statutory Rule No. 433 which contained errors.

CIVIL PARTNERSHIP

Made 29th September 2005

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation in accordance with Article 1(2) and (3)

The Department for Social Development, in exercise of the powers conferred by section 255 of the Civil Partnership Act 2004f1, and of all other powers enabling it in that behalf, having consulted such persons as it considers appropriatef2, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2004 c. 33

f2

See section 255(6) of the Civil Partnership Act 2004 for the requirement to consult

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of legislation
  3. Signature
  4. Schedule 1: Amendments of the Pension Schemes Act relating to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners
  5. 1Paragraph 1
  6. 2Paragraph 2
  7. 3Paragraph 3
  8. 4Paragraph 4
  9. 5Paragraph 5
  10. 6Paragraph 6
  11. 7Paragraph 7
  12. 8Paragraph 8
  13. 9Paragraph 9
  14. 10Paragraph 10 Repealed
  15. 11Paragraph 11 Repealed
  16. 12Paragraph 12 Repealed
  17. 13Paragraph 13
  18. 14Paragraph 14
  19. 15Paragraph 15
  20. 16Paragraph 16
  21. 17Paragraph 17
  22. 18Paragraph 18
  23. 19Paragraph 19
  24. 20Paragraph 20
  25. 21Paragraph 21
  26. 22Paragraph 22
  27. 23Paragraph 23
  28. 24Paragraph 24
  29. Schedule 2: Amendments of provisions of Regulations relating to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners
  30. Part 1
  31. 1Amendment of the Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations
  32. 2Paragraph 2
  33. 3Paragraph 3
  34. Part 2
  35. 4Amendment of the Contracting-out (Protection of Pensions) Regulations
  36. 5Paragraph 5
  37. 6Paragraph 6
  38. 7Paragraph 7
  39. 8Paragraph 8
  40. Part 3
  41. 9Amendment of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations
  42. Part 4
  43. 10Amendment of the Occupational Pension Schemes (Contracting-out) Regulations
  44. 11Paragraph 11
  45. 12Paragraph 12 Repealed
  46. 13Paragraph 13
  47. 14Paragraph 14
  48. 15Paragraph 15
  49. 16Paragraph 16
  50. 17Paragraph 17 Repealed
  51. 18Paragraph 18 Repealed
  52. 19Paragraph 19 Repealed
  53. 20Paragraph 20 Repealed
  54. 21Paragraph 21 Repealed
  55. 22Paragraph 22 Repealed
  56. 23Paragraph 23 Repealed
  57. Part 5
  58. 24Amendment of the Protected Rights (Transfer Payment) Regulations
  59. Part 6
  60. 25Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations
  61. Part 7
  62. 26Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations
  63. 27Paragraph 27
  64. 28Paragraph 28
  65. 29Paragraph 29
  66. 30Paragraph 30
  67. 31Paragraph 31
  68. 32Paragraph 32
  69. 33Paragraph 33
  70. 34Paragraph 34
  71. 35Paragraph 35
  72. Part 8
  73. 36Amendment of the Occupational Pension Schemes (Modification of Schemes) Regulations Repealed
  74. Part 9
  75. 37Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations
  76. Part 10
  77. 38Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations
  78. 39Paragraph 39
  79. 40Paragraph 40
  80. 41Paragraph 41
  81. 42Paragraph 42
  82. 43Paragraph 43
  83. 44Paragraph 44
  84. 45Paragraph 45
  85. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005.

(2)

In this Order—

(a)

paragraphs 5 and 8 of Schedule 1 shall come into operation, for the purposes only of making regulations under section 17(1) of the Pension Schemes Actf1 (commutation, surrender and forfeiture);

(b)

paragraph 10 of Schedule 1 shall come into operation, for the purposes only of making regulations under section 24(5) of the Pension Schemes Actf2 (ways of giving effect to protected rights), and

(c)

paragraph 11 of Schedule 1 shall come into operation, for the purposes only of making regulations under section 24A(5)(a) of the Pension Schemes Actf3 (requirements for interim arrangements),

on 10th November 2005.

(3)

Subject to paragraph (2), this Order shall come into operation on 5th December 2005.

(4)

In this Order “the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993f4.

2Amendment of legislationI1

(1)

Schedule 1, which contains amendments of provisions of the Pension Schemes Act which relate to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners, shall have effect.

(2)

Schedule 2, which contains amendments of provisions of Regulations which relate to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners, shall have effect.

Signature

Sealed with the Official Seal of the Department for Social Development on 29th September 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

1I1

The Pension Schemes Act is amended in accordance with paragraphs 2 to 24.

2I1

In section 4(2) (meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”), in the definition of “guaranteed minimum pension”, for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

3I1

In section 8A(1) and (2)(b)f1 (the statutory standard) for “widows or widowers” there shall be substituted “widows, widowers or surviving civil partners”.

4I1

In section 8B(4)f1 (reference scheme) for “widows or widowers”, in each place where it occurs, there shall be substituted “widows, widowers or surviving civil partners”.

5I1I2

In section 13 (minimum pensions for widows and widowers)—

(a)

in subsection (1) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”;

(b)

in subsection (2), after paragraph (b) there shall be added the following paragraph—

“(c)

if the earner is a person who has a guaranteed minimum under that section, the weekly rate of the surviving civil partner’s pension will not be less than the surviving civil partner’s guaranteed minimum.”;

(c)

in subsection (4) after “widower's” there shall be inserted “or surviving civil partner's”;

(d)

in subsection (4A)f1—

(i)

at the beginning there shall be inserted “Subject to subsection (4B)”;

(ii)

for “widow or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”;

(iii)

for “widow or widower”, in each place where it occurs (other than paragraph (c)(i) and (ii)), there shall be substituted “widow, widower or surviving civil partner”;

(iv)

for paragraph (c)(i) and (ii) there shall be substituted the following sub-paragraphs—

“(i)

comprises a period during which the widow, widower or surviving civil partner and—

(a)

a person of the opposite sex are living together as husband and wife, or

(b)

a person of the same sex are living together as if they were civil partners, nor

(ii)

falls after the time of any—

(a)

marriage, or

(b)

formation of a civil partnership,

by the widow or widower or surviving civil partner which takes place after the earner’s death.”;

(e)

after subsection (4A), there shall be inserted the following subsection—

“(4B)

Sub-paragraphs (i)(b) and (ii)(b) of subsection (4A)(c) do not apply where the earner dies before 5th December 2005.”;

(f)

in subsection (6)f2 for “widower’s pension to be payable to him” there shall be substituted “widower’s or surviving civil partner’s pension to be payable”;

(g)

in subsection (7)f3 for “widowers or widows” there shall be substituted “widows, widowers or surviving civil partners”, and

(h)

after subsection (8)f4 there shall be added the following subsection—

“(9)

For the purposes of subsection (4A), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.”.

6I1

In section 15(5)(a)(i) and (ii) (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

7I1

In section 16(6) (transfer of accrued rights) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

8I1I2

In section 17(2) (commutation, surrender and forfeiture) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

9I1

In section 19(3)(b) (securing of benefits)f1 for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

10F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13I1

In section 33(4)f1 (alteration of rules of contracted-out schemes) after “widower” there shall be inserted “or surviving civil partner”.

14I1

In section 34(2) (alteration of rules of appropriate schemes)—

(a)

after “apply” there shall be inserted “(a)”, and

(b)

after “prescribed description” there shall be inserted—

“; or

(b)

where the rules of the relevant scheme are altered to make provision for pensions for surviving civil partners”.

15I1

In section 43f1 (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 42)—

(a)

in subsection (1) after “widower” there shall be inserted “or surviving civil partner”;

(b)

in subsection (3)—

(i)

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and

(ii)

for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

16I1

In section 44(2)(c)f1 (reduced benefits where minimum payments or minimum contributions paid) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

17I1

In section 56(5)f1 (effect of payment of premium on rights) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

18I1

In section 83 (general protection principle)—

(a)

in subsection (2)(c) for “widow or widower, the widow’s or, as the case may be, the widower's” there shall be substituted “widow, widower or surviving civil partner, the widow's, widower’s or surviving civil partner’s (as the case may be)”;

(b)

in subsection (3) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

(c)

in subsections (3)(a) and (4)(d) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

19I1

In section 84(1)(b) (the relevant sum) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

20I1

In section 85(1)(a) and (b) and (2)(b) (the appropriate addition) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

21I1

In section 86(2)(a) and (b) (the later earnings addition) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

22I1

In section 105(1)(b) (annual increase of guaranteed minimum pensions) for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”.

23I1

In section 106(1)(b)f1 (requirement as to resources for annual increase of guaranteed minimum pensions) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.

24I1

(1)

In section 165(1)(c)f1 (determination of questions by Department) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

(2)

The reference in sub-paragraph (1) to section 165 is a reference to that section as it has effect without the substitution made by paragraph 99 of Schedule 6 to the Social Security (Northern Ireland) Order 1998f2.

1Amendment of the Personal and Occupational Pension Schemes (Abatement of Benefit) RegulationsI1

The Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations (Northern Ireland) 1987f1 are amended in accordance with paragraphs 2 and 3.

2I1

In regulation 3f1 (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum contributions have been paid)—

(a)

in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

(b)

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and

(c)

in paragraph (2) after “widower” there shall be inserted “or surviving civil partner”.

3I1

In regulation 5f1 (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum payments have been made)—

(a)

in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

(b)

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and

(c)

in paragraph (2) after “widower” there shall be inserted “or surviving civil partner”.

4Amendment of the Contracting-out (Protection of Pensions) RegulationsI1

The Contracting-out (Protection of Pensions) Regulations (Northern Ireland) 1991f1 are amended in accordance with paragraphs 5 to 8.

5I1

In regulation 2(1) (hybrid benefits) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

6I1

In regulation 4f1 (pensions for widows and widowers varied after commencement)—

(a)

in the heading for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”, and

(b)

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.

7I1

In regulation 5f1 (the relevant sum for widows and widowers)—

(a)

in the heading for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”, and

(b)

in paragraph (2)—

(i)

for “widow or widower” (in the first place where it occurs) there shall be substituted “widow, widower or surviving civil partner”, and

(ii)

in sub-paragraph (a) after “widow or widower” there shall be inserted “or being then a civil partner of the surviving civil partner”.

8I1

In regulation 8(1) (the later earnings addition) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

9Amendment of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) RegulationsI1

In regulation 5(a) of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations (Northern Ireland) 1996f1 (conditions on which appropriate policies of insurance may be commuted) for “his widow or her widower” there shall be substituted “the beneficiary’s widow, widower or surviving civil partner”.

10Amendment of the Occupational Pension Schemes (Contracting-out) RegulationsI1

The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 f1 are amended in accordance with paragraphs 11 to 23.

11I1

In regulation 1 (citation, commencement and interpretation) after paragraph (1) there shall be inserted the following paragraph—

“(1A)

For the purposes of these Regulations, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.”.

12F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13I1

In regulation 23(b) (requirements for meeting the statutory standard) for “widows or widowers”, in each place where it occurs, there shall be substituted “widows, widowers or surviving civil partners”.

14I1

For regulation 26 (reference scheme: circumstances in which widows' or widowers' pensions need not be payable) there shall be substituted the following regulation—

“Reference scheme: circumstances in which widows', widowers' or surviving civil partners' pensions need not be payable

26.
(1)

For the purposes of section 8B(4)(a)f1 of the Act (reference scheme to provide widows', widowers' and surviving civil partners' pensions except in prescribed circumstances), and subject to paragraph (2), the prescribed circumstances are where—

(a)

the scheme member marries or forms a civil partnership after having received benefits under the scheme;

(b)

the widow, widower or surviving civil partner of the scheme member—

(i)

remarries or, as the case may be, marries;

(ii)

forms a civil partnership or, as the case may be, forms a subsequent civil partnership;

(iii)

lives together as husband and wife with another person to whom he or she is not married, or

(iv)

lives together with a person of the same sex as if they were civil partners,

after having received benefits under the scheme;

(c)

the widow, widower or surviving civil partner of the scheme member is at the time of the member’s death—

(i)

living together as husband and wife with another person to whom he or she is not married, or

(ii)

living together with a person of the same sex as if they were civil partners.

(2)

Paragraph (1)(b)(ii) and (iv) and (c)(ii) does not apply where the scheme member dies before 5th December 2005.”.

15I1

In regulation 45(3A)f1 (approval of arrangements for schemes ceasing to be contracted-out) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

16I1

In regulation 50Af1 (persons to be regarded as members) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

17F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24Amendment of the Protected Rights (Transfer Payment) RegulationsI1

In regulation 4(d) of the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996f1 (transfer payments to salary related contracted-out schemes) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

25Amendment of the Contracting-out (Transfer and Transfer Payment) RegulationsI1

In paragraph 6(b) of Part III of Schedule 1 to the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996f1 (further conditions for transfer of liability for the payment of a guaranteed minimum pension to, or in respect of, a person who has become entitled to it) for “his widow or her widower” there shall be substituted “the widow, widower or surviving civil partner of that person”.

26Amendment of the Personal and Occupational Pension Schemes (Protected Rights) RegulationsI1

The Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997f1 are amended in accordance with paragraphs 27 to 35.

27I1

In regulation 1(2) (citation, commencement and interpretation) after the definition of “child benefit” there shall be inserted the following definition—

  • ““marital or civil partnership status”, in relation to a person, means whether that person has previously formed a marriage or a civil partnership and, if so, whether that marriage or civil partnership has ended;”.

28I1

In regulation 4 (conditions applying to pensions and annuities which give effect to protected rights)—

(a)

in paragraph (2)(b)f1—

(i)

for “an unmarried member” there shall be substituted “a member who is neither married nor a civil partner”, and

(ii)

for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

(b)

in paragraph (9)(a) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

29I1

In regulation 5f1 (circumstances in which and periods for which pension or annuity is to be paid to widow or widower after being paid to member)—

(a)

in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

(b)

in paragraph (1)(b) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”, and

(c)

for paragraph (2) there shall be substituted the following paragraphs—

“(2)

There is excluded from the period prescribed in paragraph (1)(b) any period after—

(a)

the widow’s or widower’s remarriage or the surviving civil partner’s marriage under pensionable age, or

(b)

subject to paragraph (3), the widow’s or widower’s formation of a civil partnership, or the surviving civil partner’s formation of a subsequent civil partnership under pensionable age.

(3)

Paragraph (2)(b) does not apply where the member dies before 5th December 2005.”.

30I1

In regulation 6(c) (interim arrangements)—

(a)

for “an unmarried member” there shall be substituted “a member who is neither married nor a civil partner”, and

(b)

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.

31I1

In regulation 11(1)(b)f1 (insurers that may provide protected rights by way of annuities) after “marital” there shall be inserted “or civil partnership”.

32I1

In regulation 12f1 (death of member before effect given to his protected rights)—

(a)

in paragraph (2), in each place where it occurs, and paragraphs (3), (5), (9), (11)(a), (12), (13) and (14), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

(b)

in paragraph (5) for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

“(b)

in the case of a widow or widower, remarries or, in the case of a surviving civil partner, marries while under pensionable age, or

(c)

subject to paragraph (15), in the case of a widow or widower, forms a civil partnership or, in the case of a surviving civil partner, forms a subsequent civil partnership while under pensionable age.”;

(c)

in paragraph (9) for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

“(b)

in the case of a widow or widower, remarried or, in the case of a surviving civil partner, married while under pensionable age, or

(c)

subject to paragraph (15), in the case of a widow or widower, formed a civil partnership or, in the case of a surviving civil partner, formed a subsequent civil partnership while under pensionable age.”, and

(d)

after paragraph (14) there shall be added the following paragraph—

“(15)

Paragraphs (5)(c) and (9)(c) do not apply where the member dies before 5th December 2005.”.

33I1

In regulation 13f1 (death before effect given to protected rights: interim arrangements for widow or widower)—

(a)

in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

(b)

in paragraph (1) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and

(c)

in paragraph (2)(a)(ii) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

34I1

In regulation 14 (enforceable entitlement after death of member) after “widower” there shall be inserted “, surviving civil partner”.

35I1

In regulation 15 (further requirements in respect of giving effect to protected rights) after “marital” there shall be inserted “or civil partnership”.

36Amendment of the Occupational Pension Schemes (Modification of Schemes) RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37Amendment of the Personal Pension Schemes (Appropriate Schemes) RegulationsI1

In regulation 6A of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997f1 (provision of information for purposes of contracting-out) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

38Amendment of the Occupational Pension Schemes (Discharge of Liability) RegulationsI1

The Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997f1 are amended in accordance with paragraphs 39 to 45.

39I1

In regulation 1 (citation, commencement and interpretation), after paragraph (1) there shall be inserted the following paragraph—

“(1A)

For the purposes of these Regulations, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.”.

40I1

In regulation 3(a) (conditions on which policies of insurance and annuity contracts may be assigned or surrendered) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

41I1

In regulation 4 (conditions on which policies of insurance and annuity contracts may be commuted)—

(a)

in paragraph (1)(a)(i) for “or widower” there shall be substituted “, widower or surviving civil partner”, and

(b)

in paragraph (2) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

42I1

In regulation 6 (further conditions on which liability may be discharged)—

(a)

in paragraph (2)(a) for “or widower” there shall be substituted “, widower or surviving civil partner”, and

(b)

in paragraph (5) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.

43I1

In regulation 9(2) (circumstances in which liability to provide pensions under a relevant scheme may be discharged) for “widow or widower, or if there is no such widow or widower” there shall be substituted “widow, widower or surviving civil partner or, if there is no such person”.

44I1

In regulation 11 (conditions on which liability to provide pensions under a relevant scheme may be discharged)—

(a)

in paragraph (3)f1—

(i)

in sub-paragraphs (a) and (b) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

(ii)

in sub-paragraph (b) omit “and (c)”;

(b)

for paragraph (4) there shall be substituted the following paragraph—

“(4)

Subject to paragraph (7), the circumstances referred to in paragraph (3) are—

(a)

the beneficiary marries or forms a civil partnership after having received benefits under the policy or contract;

(b)

the widow, widower or surviving civil partner of the beneficiary—

(i)

remarries or, as the case may be, marries;

(ii)

forms a civil partnership or, as the case may be, forms a subsequent civil partnership;

(iii)

lives together as husband and wife with another person to whom he or she is not married;

(iv)

lives together with a person of the same sex as if they were civil partners, or

(v)

at the time of the beneficiary’s death—

(a)

is living together as husband and wife with another person to whom he or she is not married, or

(b)

is living together with a person of the same sex as if they were civil partners.”;

(c)

after paragraph (6), there shall be added the following paragraph—

“(7)

Paragraph (4)(b)(ii), (iv) and (v)(b) does not apply where the beneficiary dies before 5th December 2005.”.

45I1

In Schedule 1 (form of consent to arrangement for securing benefit) after “widower”, in each place where it occurs, there shall be inserted “/surviving civil partner”.

Explanatory note

(This note is not part of the Order)

This Order amends the Pension Schemes (Northern Ireland) Act 1993 (“the 1993 Act”) and subordinate legislation, making provision for surviving civil partners to receive pensions under contracted-out occupational and appropriate personal pension schemes.

Article 1 provides for citation, commencement and interpretation.

Article 2 introduces Schedule 1, containing amendments of the 1993 Act, and Schedule 2, containing amendments of provisions of Regulations.

Schedule 1 amends provisions of the 1993 Act to extend to surviving civil partners existing contracting-out requirements to provide survivor benefits to widows and widowers.

  • Paragraphs 2 to 4, 6 to 13 and 15 to 23 extend provisions in respect of widows and widowers in the 1993 Act to surviving civil partners.

  • Paragraph 5 amends section 13 of the 1993 Act, to extend to surviving civil partners the provisions in relation to guaranteed minimum pensions for widows and widowers so that surviving civil partners are treated in the same way as widowers. It also extends the circumstances where pensions to survivors need not be paid. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force.

  • Paragraph 14 amends section 34(2) of the 1993 Act to extend its scope to allow appropriate schemes to alter their rules to make provision for survivor benefits for civil partners.

  • Paragraph 24 amends section 165(1)(c) of the 1993 Act in relation to the determination of certain questions. Section 165 was amended by the Social Security (Northern Ireland) Order 1998 but those amendments have not yet been brought into operation (except for the purpose of making regulations). Accordingly it is the version of section 165(1)(c) prior to those amendments that has been amended.

Schedule 2 amends Regulations relating to contracting-out by extending to surviving civil partners existing provisions relating to widows and widowers. Where existing provisions apply only to widowers, they are extended to apply to surviving civil partners. Each Part of Schedule 2 amends a separate set of Regulations—

  • Part 1 amends the Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations (Northern Ireland) 1987;

  • Part 2 amends the Contracting-out (Protection of Pensions) Regulations (Northern Ireland) 1991;

  • Part 3 amends the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations (Northern Ireland) 1996;

  • Part 4 amends the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996. Paragraph 14 substitutes regulation 26, to extend the circumstances in which, in relation to the reference scheme, widows', widowers' and civil partners' pensions need not be paid. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force. Paragraph 19 amends regulation 58 to extend the circumstances in which a guaranteed minimum pension payable to a widower or surviving civil partner need not be paid. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force;

  • Part 5 amends the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996;

  • Part 6 amends the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996;

  • Part 7 amends the Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997. Paragraph 29 amends regulation 5 to extend the circumstances in which a pension or annuity payable to a widow, widower or surviving civil partner need not be paid. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force. Paragraph 32 amends regulation 12 to extend the circumstances in which a pension or annuity need not be paid to the widow, widower or surviving civil partner when the member dies before effect is given to his or her protected rights. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force;

  • Part 8 amends the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 1997;

  • Part 9 amends the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997;

  • Part 10 amends the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997. Paragraph 44 amends regulation 11 to extend the circumstances in which a pension need not be provided for widows, widowers and surviving civil partners. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force.

An assessment of the impact on business, charities or the voluntary sector of the provisions in this Order is included in the Regulatory Impact Assessment that accompanied the Civil Partnership Act 2004. A copy of that assessment has been placed in the libraries of both Houses of Parliament. Copies may be obtained from the DTI website at http://www.dti.gov.uk/access/ria/index.htm#equality.