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The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016

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Period for the purposes of section 13(6) of the 1993 Act for which widower’s or surviving civil partner’s guaranteed minimum pension is payable

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13.—(1) Where a pension is payable by virtue of regulation 12(1)(a), the scheme is to make provision for the pension to be payable for the remainder of the widower’s or surviving civil partner’s life.

(2) Subject to paragraph (4), where a pension is payable by virtue of regulation 12(1)(b) but not by virtue of regulation 12(1)(a) or (c), the scheme is to make provision for the pension to be payable for the period during which the circumstances described in regulation 12(1)(b) continue to exist.

(3) Subject to paragraph (4), where a pension is payable by virtue of regulation 12(1)(c), but not by virtue of regulation 12(1)(a), the scheme is to make provision for the pension to be payable for the remainder of the widower’s or surviving civil partner’s life.

(4) Subject to paragraph (5), there is excluded from the periods prescribed by paragraphs (2) and (3) any period—

(a)after the widower has remarried whilst under pensionable age, or the surviving civil partner has married whilst under that age;

(b)after the formation of a civil partnership by the widower whilst under pensionable age, or the formation of a subsequent civil partnership by the surviving civil partner whilst under that age;

(c)during which the widower or surviving civil partner is under pensionable age and—

(i)he or, as the case may be, she and a person of the opposite sex are living together as husband and wife, or

(ii)he or, as the case may be, she and a person of the same sex are living together as if they were civil partners;

(d)after the widower has attained pensionable age if immediately before he attained that age—

(i)he and a woman to whom he was not married were living together as husband and wife, or

(ii)he and a man were living together as if they were civil partners, or

(e)after the surviving civil partner has attained pensionable age if immediately before he or she attained that age—

(i)he or she and a person of the opposite sex to whom he or she was not married were living together as husband and wife, or

(ii)he or she and a person of the same sex were living together as if they were civil partners.

(5) The following provisions do not apply where a man became a widower before 5th December 2005—

(a)paragraph (4)(b);

(b)paragraph (4)(c)(ii), and

(c)paragraph (4)(d)(ii).

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