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The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

19.  Amend regulation 58 (period for which widower’s guaranteed minimum pension is to be payable) as follows—

(a)in the heading preceding it, after “widower’s” insert “or surviving civil partner’s”;

(b)in paragraph (1), after “widower’s” (in each place) insert “or surviving civil partner’s”;

(c)for paragraph (2) substitute the following paragraph—

(2) There is excluded from the periods prescribed under paragraph (1)(b) or (c) any period—

(a)after the widower’s remarriage or surviving civil partner’s marriage under pensionable age;

(b)after the formation of a civil partnership by the widower or the formation of a subsequent civil partnership by the surviving civil partner under pensionable 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.;

(d)after paragraph (2), as substituted by sub-paragraph (c) above, add the following paragraph—

(3) Sub-paragraphs (b), (c)(ii), and (d)(ii) of paragraph (2) do not apply where a man became a widower before 5th December 2005..

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