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

This section has no associated Explanatory Memorandum

43.  Amend regulation 11 (conditions on which liability to provide pensions under a relevant scheme may be discharged) as follows—

(a)in paragraph (3)—

(i)in sub-paragraphs (a) and (b), for “widow or widower” substitute “widow, widower or surviving civil partner”;

(ii)in sub-paragraph (b), omit “and (c)”;

(b)for paragraph (4) substitute the following paragraph—

(4) Subject to paragraph (7), the circumstances referred to in paragraph (3) are—

(a)the beneficiary marries or forms a civil partnership after having received benefits under the policy or contract;

(b)the widow, widower or surviving civil partner of the beneficiary—

(i)remarries or, as the case may be, marries;

(ii)forms a civil partnership or, as the case may be, forms a subsequent civil partnership;

(iii)lives together as husband and wife with another person to whom he or she is not married;

(iv)lives together with a person of the same sex as if they were civil partners; or

(v)at the time of the beneficiary’s death—

(a)is living together as husband and wife with another person to whom he or she is not married; or

(b)is living together with a person of the same sex as if they were civil partners.;

(c)after paragraph (6), add the following paragraph—

(7) Sub-paragraphs (b)(ii), (iv) and (v)(b) of paragraph (4) do not apply where the beneficiary dies before 5th December 2005.