{
  "url": "https://openlegislation.uk/occupational-and-personal-pension-schemes-civil-partnership-miscellaneous-amendments-regulations-2005/note",
  "json_url": "https://openlegislation.uk/occupational-and-personal-pension-schemes-civil-partnership-miscellaneous-amendments-regulations-2005/note.json",
  "legislation": "uksi/2005/3164",
  "legislation_title": "The Occupational and Personal Pension Schemes (Civil Partnership) (Miscellaneous Amendments) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/occupational-and-personal-pension-schemes-civil-partnership-miscellaneous-amendments-regulations-2005",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make consequential amendments to ensure that surviving civil partners are treated in the same way as widows and widowers.\nRegulation 2 amends regulation 12(4)(b)(ia) of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 (S.I. 1996/1537) to deal with where a member dies leaving a surviving civil partner but before giving effect to his protected rights.\nRegulation 3 amends regulation 12 of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 (S.I. 1997/470) which applies where minimum contributions become payable in circumstances where an earner died after giving effect to his protected rights but was not married and was not in a civil partnership. The minimum contributions will be paid to such a person as the HM Revenue and Customs decide.\nRegulation 4 amends the Occupational Pension Schemes (Discharge of Liability) Regulations 1997 (S.I. 1997/784). Regulation 5 of those Regulations is amended so that where liability for a guaranteed minimum pension (GMP) is discharged using a policy of insurance, the annuity payable to a surviving civil partner must be equal to the GMP payable to him or her. Regulation 11 of those Regulations is amended so that where a relevant scheme discharges its liability to provide a pension, the policy or contract used must provide that payments to surviving civil partners are subject to increases required by paragraph 4A of that regulation.\nRegulation 5 amends the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998 (S.I. 1998/1397) so that an insolvent scheme may restore the state scheme rights of a surviving civil partner who has a right to payment of a pension from the scheme by virtue of his deceased partner.\nRegulation 6 makes amendments to the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997 (S.R. 1997 No. 139) which correspond to those made in regulation 3.\nRegulation 7 makes amendments to the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 208) which correspond to those made in regulation 5.\nAn assessment of the impact on business, charities or the voluntary sector of the provisions in this Regulation is included in the Regulatory Impact Assessment that accompanied the Civil Partnership Act 2004 (c. 33). 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3164/note",
    "retrieved_at": "2026-10-29T04:46:34.146532+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}