# The Police and Firefighters’ Pensions (Amendment) Regulations 2018, Regulation 43: Surviving cohabiting partners


(1) In the table of contents, in the heading to Chapter 1 of Part 4, and in the entries relating to rules 1 and 5 in that Chapter, for “nominated partners” substitute “cohabiting partners”.
(2) In Part 1, in rule 2(1) (interpretation)—
(a) in the definition of “child”, in paragraph (a)(iii) for “nominated partner” substitute “cohabiting partner”;
(b) after the definition of child’s pension insert—
““cohabiting partner” has the meaning given by rule 1(5A) of Part 2;”;
(c) omit the definition of “nominated partner”.
(3) In Part 2 (scheme membership, cessation and retirement) in rule 1 (scheme membership)—
(a) in paragraph (5)(b) for “nominated partner” substitute “cohabiting partner”;
(b) omit paragraphs (6) to (9); and
(c) after paragraph (11) insert—
“(12) For the purposes of this rule—
a “cohabitating partner” in relation to the scheme member is a person—
(a) who has been living with the scheme member, otherwise than as the scheme member’s spouse or civil partner,
(b) at the date on which the question of the cohabiting partner’s status in relation to the scheme member falls to be considered, is not the spouse or civil partner of any other person,
(c) is financially dependent on the scheme member, or is, with the scheme member, in a state of mutual financial dependency, and
(d) is in a long-term relationship with the scheme member and could enter into a marriage or civil partnership with the scheme member;
“long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for a period of at least two years ending with the date on which the question of the person’s status in relation to the scheme member falls to be considered, or such shorter period as the authority may in any particular case think fit; and
“scheme member” means a firefighter member, a deferred member or a pensioner member.”.
(4) In Part 3 (personal awards), in rule 11(2)(a) (allocation of pension) for “nominated partner” substitute “cohabiting partner”.
(5) In Part 4 (survivors’ pensions)—
(a) in the heading to Chapter 1 and the heading to rule 1 immediately below that, for “nominated partners”, on both occasions substitute “cohabiting partners”;
(b) in paragraphs (1), (2) and (3) of rule 1, for “nominated partner” substitute “cohabiting partner”; and
(c) in the heading to rule 5, for “nominated partners” substitute “cohabiting partners”.
(6) In Part 7 (reservists), in rule 3(3) (awards on death or permanent disablement) for “nominated partner” substitute “cohabiting partner”.

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Source: https://www.legislation.gov.uk/uksi/2018/997/regulation/43 (the official version)
Page: https://openlegislation.uk/police-and-firefighters-pensions-amendment-regulations-2018/regulation-43
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.