Rule 2C Continuation of marriage where Scheme member acquires new legal genderF1E1
England and Wales
Where—
a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widow is to be treated for the purpose of F2this Scheme as if the certificate had not been issued.
Where—
a deceased Scheme member was a man by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
at the time of the member’s death, he was married to a man and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widower is to be treated for the purpose of this Scheme as if the certificate had not been issued.
Annotations
Textual amendments
- F1
Sch. 1 Pt. I rule 2C inserted (E.W.) (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2), Sch. 1 para. 11(2)(4)
- F2
Words in Sch. 1 Pt. I rule 2C substituted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2), Sch. 1 para. 11(2)
Extent
- E1
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only