SCHEDULE 1Amendments of the Pension Schemes Act relating to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners
I211
The Pension Schemes Act is amended in accordance with paragraphs 2 to 24.
I32
In section 4(2) (meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”), in the definition of “guaranteed minimum pension”, for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
I43
In section 8A(1) and (2)(b)7 (the statutory standard) for “widows or widowers” there shall be substituted “widows, widowers or surviving civil partners”.
I54
In section 8B(4)8 (reference scheme) for “widows or widowers”, in each place where it occurs, there shall be substituted “widows, widowers or surviving civil partners”.
I1I225
In section 13 (minimum pensions for widows and widowers)—
a
in subsection (1) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”;
b
in subsection (2), after paragraph (b) there shall be added the following paragraph—
c
if the earner is a person who has a guaranteed minimum under that section, the weekly rate of the surviving civil partner’s pension will not be less than the surviving civil partner’s guaranteed minimum.
c
in subsection (4) after “widower's” there shall be inserted “or surviving civil partner's”;
d
in subsection (4A)9—
i
at the beginning there shall be inserted “Subject to subsection (4B)”;
ii
for “widow or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”;
iii
for “widow or widower”, in each place where it occurs (other than paragraph (c)(i) and (ii)), there shall be substituted “widow, widower or surviving civil partner”;
iv
for paragraph (c)(i) and (ii) there shall be substituted the following sub-paragraphs—
i
comprises a period during which the widow, widower or surviving civil partner and—
a
a person of the opposite sex are living together as husband and wife, or
b
a person of the same sex are living together as if they were civil partners, nor
ii
falls after the time of any—
a
marriage, or
b
formation of a civil partnership,
by the widow or widower or surviving civil partner which takes place after the earner’s death.
e
after subsection (4A), there shall be inserted the following subsection—
4B
Sub-paragraphs (i)(b) and (ii)(b) of subsection (4A)(c) do not apply where the earner dies before 5th December 2005.
f
in subsection (6)10 for “widower’s pension to be payable to him” there shall be substituted “widower’s or surviving civil partner’s pension to be payable”;
g
in subsection (7)11 for “widowers or widows” there shall be substituted “widows, widowers or surviving civil partners”, and
h
after subsection (8)12 there shall be added the following subsection—
9
For the purposes of subsection (4A), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.
I66
In section 15(5)(a)(i) and (ii) (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
I77
In section 16(6) (transfer of accrued rights) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
I2I238
In section 17(2) (commutation, surrender and forfeiture) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
I89
In section 19(3)(b) (securing of benefits)13 for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
F110
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F111
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F112
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I913
In section 33(4)19 (alteration of rules of contracted-out schemes) after “widower” there shall be inserted “or surviving civil partner”.
I1014
In section 34(2) (alteration of rules of appropriate schemes)—
a
after “apply” there shall be inserted “(a)”, and
b
after “prescribed description” there shall be inserted—
; or
b
where the rules of the relevant scheme are altered to make provision for pensions for surviving civil partners
I1115
In section 4320 (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 42)—
a
in subsection (1) after “widower” there shall be inserted “or surviving civil partner”;
b
in subsection (3)—
i
for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and
ii
for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
I1216
In section 44(2)(c)21 (reduced benefits where minimum payments or minimum contributions paid) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
I1317
In section 56(5)22 (effect of payment of premium on rights) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
I1418
In section 83 (general protection principle)—
a
in subsection (2)(c) for “widow or widower, the widow’s or, as the case may be, the widower's” there shall be substituted “widow, widower or surviving civil partner, the widow's, widower’s or surviving civil partner’s (as the case may be)”;
b
in subsection (3) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;
c
in subsections (3)(a) and (4)(d) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
I1519
In section 84(1)(b) (the relevant sum) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
I1620
In section 85(1)(a) and (b) and (2)(b) (the appropriate addition) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
I1721
In section 86(2)(a) and (b) (the later earnings addition) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
I1822
In section 105(1)(b) (annual increase of guaranteed minimum pensions) for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”.
I1923
In section 106(1)(b)23 (requirement as to resources for annual increase of guaranteed minimum pensions) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.
I2024
1
In section 165(1)(c)24 (determination of questions by Department) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
2
The reference in sub-paragraph (1) to section 165 is a reference to that section as it has effect without the substitution made by paragraph 99 of Schedule 6 to the Social Security (Northern Ireland) Order 199825.