# Occupational Pension Schemes (Contracting-out) Regulations 1996, Regulation 26: Reference scheme: circumstances in which widows', widowers' or surviving civil partners' pensions need not be payable

Extent: E+W+S

(1) For the purposes of section 12B(4)(a) of the 1993 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 or;
(iii) lives together with another person as if they were a married couple or 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 living together with another person, whom he or she is not married to or in a civil partnership with, as if they were a married couple or civil partners.
(2) The following provisions do not apply where the scheme member died before 5th December 2005—
(a) paragraph (1)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex;
(b) paragraph (1)(b)(ii); and
(c) paragraph (1)(b)(iii) and (1)(c) so far as they relate to the living together of two people of the same sex.

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Source: https://www.legislation.gov.uk/uksi/1996/1172/regulation/26 (the official version)
Page: https://openlegislation.uk/occupational-pension-schemes-contracting-out-regulations-1996/regulation-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.