Paragraph 77 Family benefits

In Schedule 6—

(a)

in paragraph 10(1)(b) for “C4, C6, C9 or C10” substitute “old regulation C9, regulation C10 or Schedules 4 or 5”,

(b)

for paragraph 12(1) substitute—

“(1)
Subject to sub-paragraph (2) and except as otherwise provided in Part III, where payment is to be made by method A, the payment period (in years) is A/B x C, where A is the period (in years) specified under paragraph 11(1)(b), B is the rate specified under paragraph 11(1)(d), and C is the multiplier determined from time to time by the Secretary of State (after taking advice from the Government Actuary) for the purpose of this Part.

(1A)
The multiplier determined for the purpose of this Part may differ depending on whether the election is made under paragraph 10(1) or 10(2).”,

(c)

omit Table 5,

(d)

in paragraph 12(2)—

(i)

omit “(“the Table period”)”, and

(ii)

for “in which the Table period ends” substitute “in which that period ends”,

(e)

for paragraph 12(3) substitute—

“(3)
Where payment is to be made by Method B, the lump sum payable, which must be paid within 3 months after its amount is notified by the Secretary of State, is A x B x C, where A is the multiplier determined from time to time by the Secretary of State (after taking advice from the Government Actuary) for the purpose of this Part, B is the period (in years) in respect of which the election was made, and C is the appropriate amount.”,

(f)

for paragraph 13B(3) substitute—

“(3)
Except as otherwise provided in Part III, the payment period (in years) is A/B x C, where A is the period (in years) specified under paragraph 13A(5), B is the percentage rate specified under paragraph 13A(6), and C is the multiplier determined from time to time by the Secretary of State (after taking advice from the Government Actuary) for the purpose of this Part for a person of the same sex as the qualifying person.”,

(g)

omit Table 5A,

(h)

in paragraph 13C(2) for “1.9% if the qualifying person is a man and 1.7% if the qualifying person is a woman” substitute “the multiplier determined from time to time by the Secretary of State (after taking advice from the Government Actuary) for the purpose of this Part for a person of the same sex as the qualifying person”,

(i)

after Part IIA insert—

“PART IIB
CONTRIBUTIONS: SURVIVING NOMINATED PARTNERS

13D.

(1)
A person (other than a person who has previously made an election under sub-paragraph (2)) who has nominated a person under regulation E22A is a qualifying person for the purposes of this Part while—
(a)
the nomination continues to have effect, and

(b)
he is in pensionable employment.

(2)
A qualifying person may by giving notice in writing to the Secretary of State before the end of the election period elect to pay family benefit contributions attributable to a period of his reckonable service which is not relevant service as mentioned in regulation E27(2B).

(3)
An election under sub-paragraph (2) must be accompanied by a declaration signed by the qualifying person that he is in normal health.

(4)
If a qualifying person dies before the end of the election period without making an election under sub-paragraph (2), his surviving nominated partner may by giving notice in writing to the Secretary of State within 3 months of the qualifying person’s death elect to pay family benefit contributions attributable to a period of the qualifying person’s reckonable service which is not relevant service as mentioned in regulation E27(2B).

(5)
The election period begins on the day on which the qualifying person makes the nomination and ends on the earlier of the day on which—

(a)
any election he makes under regulation B5 has effect,

(b)
he has been a qualifying person for a period of 6 months in relation to that nomination.

(6)
The person who makes an election under this paragraph must specify in the notice the period in respect of which the election is made, which must be either the whole of the qualifying person’s reckonable service which is not relevant service as mentioned in regulation E27(2B) or such part of such service as consists of one or more whole years.

(7)
Where an election is made under sub-paragraph (2), the qualifying person must state in the notice whether family benefit contributions are to be paid by Method 1 (monthly payments) or by Method 2 (lump sum) and, if the former, must specify the percentage rate of his contributable salary at which they are to be paid, which must comply with paragraphs 14(2) and (3).

(8)
Where a qualifying person’s pensionable employment is part-time, for the purpose of specifying (under sub-paragraph (7)) a percentage rate at which family benefit contributions are to be paid or varying (under paragraph 14(4)) that rate, sub-paragraph (7) and paragraph 14(2) have effect as if the reference to the qualifying person’s contributable salary were to his full-time equivalent salary.

(9)
Except as provided in paragraph 14(4), an election under this paragraph is irrevocable.

13E.

(1)
This paragraph applies where—
(a)
the qualifying person states under paragraph 13D(7) (in accordance with an election made under paragraph 13D(2)) that family benefit contributions are to be paid by Method 1, and

(b)
the payment period exceeds a year.

(2)
Where this paragraph applies, except as otherwise provided in Part III, the qualifying person must pay family benefit contributions to the Secretary of State by way of monthly payments from his contributable salary at the percentage rate specified under paragraph 13D(7) or, where the rate is varied under paragraph 14(4), at the specified higher rate for the duration of the payment period.

(3)
Except as otherwise provided in Part III, the payment period (in years) is A/B x C, where A is the period (in years) specified under paragraph 13D(6), B is the percentage rate specified under paragraph 13D(7), and C is the multiplier determined from time to time by the Secretary of State (after taking advice from the Government Actuary) for the purpose of this Part for a person of the same sex as the person nominated under regulation E22A.

(4)
Where the payment period would (apart from this sub-paragraph) end on a day other than the last day of a month, the payment period ends with the last day of the month in which it would otherwise end.

13F.

(1)
Except where paragraph 13E applies, the person who makes an election under paragraph 13D must pay family benefit contributions to the Secretary of State by way of a lump sum calculated in accordance with the Method 2 formula in sub-paragraph (2) within 3 months of receiving written notice of the amount of the lump sum.

(2)
The Method 2 formula is A x B x C,

where—

A is the multiplier determined from time to time by the Secretary of State (after taking advice from the Government Actuary) for the purpose of this Part for a person of the same sex as the person nominated under regulation E22A,

B is the period (in years) specified under paragraph 13D(6), and

C is the annual rate of the qualifying person’s contributable salary.”,

(j)

in paragraph 14(1)(c) after “paragraph 13B (Method 1)” insert “or paragraph 13D (Method 1)”,

(k)

in paragraph 14(3) for “regulation C4 or C6” substitute “Schedules 4 or 5”,

(l)

in paragraph 14(7) and (11) for “regulation C9 or C10” substitute “old regulation C9 or regulation C10”,

(m)

in paragraph 15—

(i)

in sub-paragraph (2) for “the age of 60” substitute “the normal pension age”,

(ii)

in sub-paragraph (2)(b) after “his 60th birthday” insert “in the case of a pre-2007 entrant or his 65th birthday in any other case”,

(iii)

after sub-paragraph (2) insert—

“(2A)
But sub-paragraph (2) does not apply in a case to which sub-paragraph (2B) applies.

(2B)
This sub-paragraph applies in a case where—

(a)
the qualifying person dies before attaining the normal pension age or becomes entitled to payment of retirement benefits by virtue of regulation E4(4),

(b)
family benefit contributions were payable by monthly payments under paragraph 13D (Method 1), and

(c)
the Secretary of State is not satisfied that the declaration under paragraph 13D(3) was made in good faith.”,

(iv)

in sub-paragraph (3) for “the age of 60” substitute “the normal pension age, or in a case to which sub-paragraph (2B) applies”,

(n)

in paragraph 16 after “surviving civil partner” insert “, surviving nominated partner”.