C1C2C3C4C5Part III Certification of Pension Schemes and Effects on Members’ State Scheme Rights and Duties
Pt. III: power to modify conferred (1.6.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 149(1), 180(1); S.I. 1996/778, art. 2(6); S.I. 1997/664, art. 2(3), Sch. Pt. 2
Pt. III applied (with modifications) (6.4.1997) by The Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 (S.I. 1996/1977), regs. 1(1), 2(4)(a)-(f)
Pt. III: power to transfer functions conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23, 28(3); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
Chapter I Certification
Requirements for certification of occupational pension schemes providing guaranteed minimum pensions
E124DF1Survivors' benefits
1
This section specifies the benefits mentioned in Condition 4 of section 24B.
2
The first benefit is that if the earner F2is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner dies (whether before or after attaining normal pension age) leaving a widow, she is entitled to a pension of at least half the value of the pension to which the earner would have been entitled by reference to employment during the period—
a
beginning with 6th April 1978, and
b
ending with 5th April 1997.
3
The second benefit is that if the earner F3is a married woman (other than in a relevant gender change case), a man married to a man, or a civil partner, and the earner dies (whether before or after attaining normal pension age) leaving a widower F4, widow or surviving civil partner, he or she is entitled to a pension of at least half the value of the pension to which the earner would have been entitled by reference to employment during the period—
a
beginning with 6th April 1988, and
b
ending with 5th April 1997.
F54
In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—
a
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
the marriage of the earner and her widow (that ends with the earner's death) subsisted before the time when the certificate was issued.
5
This section is subject to regulations under section 38A.
24DE2F6Survivors' benefits
1
This section specifies the benefits mentioned in Condition 4 of section 24B.
2
The first benefit is that if the earner F8is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner dies (whether before or after attaining normal pension age) leaving a widow, she is entitled to a pension of at least half the value of the pension to which the earner would have been entitled by reference to employment during the period—
a
beginning with 6th April 1978, and
b
ending with 5th April 1997.
3
The second benefit is that if the earner F9is a married woman (other than in a relevant gender change case), a man married to a man, or a civil partner, and the earner dies (whether before or after attaining normal pension age) leaving a widower F10, widow or surviving civil partner, he or she is entitled to a pension of at least half the value of the pension to which the earner would have been entitled by reference to employment during the period—
a
beginning with 6th April 1988, and
b
ending with 5th April 1997.
F74
In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—
a
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.
Pt. III power to modify conferred by Social Security Administration Act 1992 (c. 5), s. 148 (as read with Pensions Act 1995 (c. 26), ss. 128(3)(4), 180(2) (with s. 128(5)(6)); Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 33(2)-(4), 86(1)(b)(2))