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The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005

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Article 92

SCHEDULE 1Amendments of subordinate legislation made pursuant to the County Courts Act (Northern Ireland) 1959 and the Resident Magistrates' Pensions Act (Northern Ireland) 1960

The Judicial Pensions (Additional Voluntary Contributions) Regulations (Northern Ireland) 1995(1)

99.  (1)  The Judicial Pensions (Additional Voluntary Contributions) Regulations (Northern Ireland) 1995 in their application to members of the judicial pension schemes constituted—

(a)under or by virtue of the County Courts Act (Northern Ireland) 1959 as modified and amended; and

(b)under or by virtue of the Resident Magistrates' Pensions Act (Northern Ireland) 1960 as modified and amended,

are amended as follows.

(2) In regulation 1.2 (interpretation), in paragraph (1), in the definition of “additional voluntary contributions” after “surviving spouse's” insert “or surviving civil partner's”.

(3) In regulation 2.7 (aggregated retirement benefit), in paragraph (2), after “surviving spouse” insert “or surviving civil partner”.

(4) In regulation 2.9 (rate of surviving spouse’s or children’s pension), in paragraph (1), —

(a)after “surviving spouse's” insert “or surviving civil partner's”, and

(b)after “surviving spouse” insert “or surviving civil partner”.

(5) In regulation 2.20 (benefits which may be provided), in paragraph (2)(d)(i), after “spouse” insert “or civil partner”.

(6) In regulation 2.21 (payment of benefits), in paragraph (b), after “surviving spouse's” insert “or surviving civil partner's”.

(7) Amend regulation 4.7 (refund of contributions) as follows—

(a)in paragraph (1), for “is both unmarried and has no eligible children” substitute “is neither married, nor a civil partner and has no eligible children”, and

(b)in paragraph (2), after “spouse” insert “or a civil partner”.

Article 93

SCHEDULE 2Amendments of subordinate legislation made pursuant to the Administration of Justice Act 1973

The Judicial Pensions (Northern Ireland) (Widows' and Children’s Benefits) Regulations 1987(2)

1.  The Judicial Pensions (Northern Ireland) (Widows' and Children’s Benefits) Regulations 1987 are amended as follows.

2.  (1)  Regulation 2 (interpretation and scope of regulations) is amended as follows.

(2) In paragraph (1)—

(a)in the definition of “contribution”, for “or children's” substitute “, surviving civil partner’s or children's”,

(b)in the definition of “office-holder”, after “widow's” insert “, or surviving civil partner's”,

(c)in the definition of “personal pension”—

(i)for “he”, in each place, substitute “the office-holder”, and

(ii)for “his” substitute “the office-holder's”,

(d)in the definition of “responsible authority”, for “his” substitute “the office-holder's”, and

(e)after “references to a widow's” insert “or a surviving civil partner's”.

(3) In paragraph (2), after “decrees” insert “and nullity orders”.

3.  (1)  Regulation 4 (application of Part II) is amended as follows.

(2) In paragraph (1), for “his” substitute “the office-holder's”.

(3) In paragraph (2)—

(a)for “his”, in each place, substitute “the office-holder's”, and

(b)after “wife” insert “, or in the case of a person who at no time during their service had a civil partner”.

4.  (1)  Regulation 5 (relevant service wholly after 17th April 1973) is amended as follows.

(2) For the title substitute—

Relevant service wholly after 17th April 1973 (in relation to widows' pensions) or 4th December 2005 (in relation to surviving civil partners' pensions).

(3) For paragraph (1) substitute—

(1) If the whole of the office-holder’s relevant service is or, by virtue of an election made under section 10(4)(a) of the Act of 1973, or an option exercised under either paragraph 3 (2) of Schedule 2B to the Act of 1959 or paragraph 7 (2) of Schedule 2 to the Act of 1960, is treated as service after 17th April 1973, for the purpose of widow’s pensions, or 4th December 2005, for the purpose of surviving civil partner’s pensions, the amount of the contribution shall be three quarters of the lump sum..

(4) In paragraph (2)—

(i)after “wife”, in each place, insert “or civil partner”,

(ii)for “his”, in each place, substitute “the office-holder's”, and

(iii)for “he” substitute “the office-holder”.

5.  (1)  Regulation 6 (relevant service partly before 18th April 1973) is amended as follows.

(2) In the title, after “1973” insert “(in relation to widow’s pensions)”.

(3) After “If” insert “, for the purposes of widow’s pensions,”.

6.  After regulation 6 insert—

Relevant service partly before 5th December 2005 (in relation to surviving civil partner’s pensions)

6A.  (1)  If, for the purposes of surviving civil partner’s pensions, the office-holder’s relevant service is not, or is not treated as, wholly after 4th December 2005 by virtue of an election made by the office holder under either paragraph 3(2) of Schedule 2A to the Act of 1959 or paragraph 7(2) of Schedule 2 to the Act of 1960, such that the surviving civil partner’s pension falls to be calculated under either paragraph 3(3) of Schedule 2A to the Act of 1959 or paragraph 7(3) of Schedule 2 to the Act of 1960, then the amount of the contribution shall be three quarters of the lump sum multiplied by the fraction—

Q / S

where—

  • Q represents the number of months of the office-holder’s relevant service after 4th December 2005, and

  • S represents the total number of months of the office-holder’s relevant service.

(2) If the office-holder last had a civil partner at a time before the end of the office-holder’s relevant service the amount of the contribution shall (instead of that in paragraph (1)) be that arrived at under paragraph (1) multiplied by the following fraction—

T / Q

where—

  • T represents the number of months of the office-holder’s relevant service before the time the office-holder last had a civil partner and after 4th December 2005, and

  • Q represents the number of months of the office-holder’s relevant service after 4th December 2005..

7.  (1)  Regulation 8 (election to make periodical payments) is amended as follows.

(2) In paragraph (3)—

(a)for the first and third “his” substitute “the office-holder's”,

(b)for the second “his” substitute “their”,

(c)after “(or remarries” insert “or forms a civil partnership”, and

(d)for “or remarriage” substitute “, remarriage or formation of a civil partnership”.

(3) In paragraph (4)—

(a)after “married” insert “or who ceases to be a civil partner”, and

(b)for each “his” substitute “their”.

(4) In paragraph (5), for “not married” substitute “neither married nor a civil partner”.

8.  In the side-note of regulation 9, after “service” insert “in relation to widow’s benefits”.

9.  After regulation 9 (additional payments for back service) insert—

Additional payments for back service in relation to surviving civil partner’s benefits

9A.  (1)  In this regulation—

“back service” means—

(a)

in the case of an office-holder who has specified that the annual value of the surviving civil partner’s pension is to be calculated on the basis of service before 5th December 2005 (the “back service election”), service before 5th December 2005; and

(b)

in the case of an office-holder who has formed a civil partnership on or after that date, service on or after that date for any period during which the office-holder has made no periodical payments;

(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such of the following rates as the office-holder may specify—

(a)if the office-holder is serving in a 15-year office, 4 per cent, 8 per cent or 11 per cent of the office-holder’s salary for the time being (that is to say, at the standard rate, or at twice, or at two and three quarters times, that rate);

(b)if the office-holder is serving in a 20-year office, 3 per cent, 6 per cent, 9 per cent, or 12 per cent, of the office-holder’s salary for the time being (that is to say, at the standard rate, or at twice, or at three times, or at four times, that rate).

(3) An election under this regulation must have been made before, or be made not later than six months after, the office-holder’s formation of a civil partnership.

(4) An office-holder who has made an election under this regulation may at any time by notice in writing to the responsible authority, either—

(a)revoke that election; or

(b)vary its effect by specifying a different rate of additional payments, being one of the rates mentioned in sub-paragraph (a) or (b), as the case may be, of paragraph (2) above.

(5) An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the office-holder has made additional payments for a period equal in length to the office-holder’s back service and for this purpose, for any period during which the office-holder has made additional payments at a rate higher than the standard rate, the office-holder shall be treated as having made such payments for a correspondingly longer period (so that, for example, if the office-holder has made additional payments at twice the standard rate for one year the office-holder shall be treated as having made additional payments for two years)..

10.  (1)  Regulation 10 (method of payment) is amended as follows.

(2) In paragraph (1), for “8 or 9” substitute “8, 9 or 9A”.

(3) In paragraph (3)(b), after “remarriage” insert “or formation of a civil partnership”.

11.  (1)  Regulation 11 (effect of making periodical payments) is amended as follows.

(2) For “he”, in each place, substitute “the office-holder”.

(3) For “his”, in each place, substitute “the office-holder's”.

(4) In paragraph (5), after “regulation 9(5)” insert “or 9A(5)”.

12.  In regulation 12 (non-aggregable service), for “he” and “his”, in each place, substitute “the office-holder”.

13.  (1)  Regulation 13 (refunds of periodical payments) is amended as follows.

(2) In paragraph (1)—

(a)for “him” substitute “the office-holder”,

(b)for “he” substitute “the office-holder”, and

(c)for “his” substitute “the office-holder's”.

(3) In paragraph (1)(a)—

(a)for “his” substitute “the office-holder's”, and

(b)after “widow's” insert “or surviving civil partner's”.

(4) In paragraph (1)(b), for “his”, in each place, substitute “the office-holder's”.

Article 94

SCHEDULE 3Amendments of subordinate legislation made pursuant to the Judicial Pensions Act 1981

The Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991(3)

1.  The Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991 are amended as follows.

2.  (1)  Regulation 2 (interpretation and scope of regulations) is amended as follows.

(2) In paragraph (1)—

(a)in the definition of “contribution”, for “or children's” substitute “, surviving civil partner’s or children’s pension”,

(b)in the definition of “office-holder”, after “Act” insert “or a person serving in an office in respect of which a pension may be granted to their surviving civil partner under or by virtue of Part II of the Act”,

(c)in the definition of “personal pension”—

(i)for “she”, in each place, substitute “the office-holder”, and

(ii)for “her” substitute “the office-holder's”,

(d)in the definition of “responsible authority”, for “her” substitute “the office-holder's”, and

(e)after “references to a widower's” insert “or surviving civil partner's”.

(3) In paragraph (3), after “decrees” insert “and nullity orders”.

3.  In regulation 3 (application of Parts II and III), after “relevant service” insert “or a person’s relevant service where the pension or pensions are in respect of a surviving civil partner”.

4.  (1)  Regulation 4 (application of Part II) is amended as follows.

(2) In paragraph (1), for “her” substitute “the office-holder's”.

(3) In paragraph (2)—

(a)for “her”, in each place, substitute “the office-holder's”, and

(b)after “husband” insert “, or in the case of a person who at no time during their service had a civil partner”.

5.  (1)  Regulation 5 (relevant service wholly after 31st December 1991) is amended as follows.

(2) For the side-note substitute—

Relevant service wholly after 31st December 1991(in relation to widowers' pensions) or 4th December 2005 (in relation to surviving civil partners' pensions).

(3) For paragraph (1) substitute—

(1) If the whole of the office-holder’s relevant service is or, by virtue of an option exercised under either paragraph 27(1) and (2)(b) or paragraph 31 (2) of Schedule 2 to the Act, is treated as service after 31st December 1991, for the purpose of widower’s pensions, or 4th December 2005, for the purpose of surviving civil partner’s pensions, the amount of the contribution shall be three quarters of the lump sum..

(4) In paragraph (2)—

(i)after “husband”, in each place, insert “or civil partner”,

(ii)for “her”, in each place, substitute “the office-holder's”, and

(iii)for “she” substitute “the office-holder”.

6.  (1)  Regulation 6 (relevant service partly before 1st January 1992) is amended as follows.

(2) In the side-note, after “1992” insert “(in relation to widower’s pensions)”.

(3) After “If” insert “, for the purposes of widower’s pensions,”.

7.  After regulation 6 (relevant service partly before 1st January 1992) insert—

Relevant service partly before 5th December 2005 (in relation to surviving civil partner’s pensions)

6A.  (1)  If, for the purposes of surviving civil partner’s pensions, the office-holder’s relevant service is not, or is not treated as, wholly after 4th December 2005 by virtue of an election made by the office holder under paragraph 31(2) of Schedule 2 to the Act, such that the surviving civil partner’s pension falls to be calculated under paragraph 31(3) of that Schedule then the amount of the contribution shall be three quarters of the lump sum multiplied by the fraction—

Q / S

where—

  • Q represents the number of months of the office-holder’s relevant service after 4th December 2005, and

  • S represents the total number of months of the office-holder’s relevant service.

(2) If the office-holder last had a civil partner at a time before the end of the office-holder’s relevant service the amount of the contribution shall (instead of that in paragraph (1)) be that arrived at under paragraph (1) multiplied by the following fraction—

T / Q

where—

  • T represents the number of months of the office-holder’s relevant service before the time the office-holder last had a civil partner and after 4th December 2005, and

  • Q represents the number of months of the office-holder’s relevant service after 4th December 2005..

8.  (1)  Regulation 8 (election to make periodical payments) is amended as follows.

(2) In paragraph (3)—

(a)for the first and third “her” substitute “the office-holder's”,

(b)for the second “her” substitute “their”,

(c)after “(or remarries” insert “or forms a civil partnership”, and

(d)for “or remarriage” substitute “, remarriage or formation of a civil partnership”.

(3) In paragraph (4)—

(a)after “married” insert “or who ceases to be a civil partner”, and

(b)for “her”, in each place, substitute “their”.

(4) In paragraph (5), for “not married” substitute “neither married nor a civil partner”.

9.  In the side-note of regulation 9 (additional payments for back service), after “service” insert “in relation to widower’s benefits”.

10.  After regulation 9 (additional payments for back service) insert—

Additional payments for back service in relation to surviving civil partner’s benefits

9A.  (1)  In this regulation—

“back service” means—

(a)

in the case of an office-holder who has specified that the annual value of the surviving civil partner’s pension is to be calculated on the basis of service before 5th December 2005 (the “back service election”), service before 5th December 2005; and

(b)

in the case of an office-holder who has formed a civil partnership on or after that date, service on or after that date for any period during which the office-holder has made no periodical payments;

(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such of the following rates as the office-holder may specify—

(a)if the office-holder is serving in a 15-year office, 4 per cent, 8 per cent or 11 per cent of the office-holder’s salary for the time being (that is to say, at the standard rate, or at twice, or at two and three quarters times, that rate);

(b)if the office-holder is serving in a 20-year office, 3 per cent, 6 per cent, 9 per cent, or 12 per cent, of the office-holder’s salary for the time being (that is to say, at the standard rate, or at twice, or at three times or at four times, that rate).

(3) An election under this regulation must have been made before, or be made not later than six months after, the office-holder’s formation of a civil partnership.

(4) An office-holder who has made an election under this regulation may at any time by notice in writing to the responsible authority, either—

(a)revoke that election; or

(b)vary its effect by specifying a different rate of additional payments, being one of the rates mentioned in sub-paragraph (a) or (b), as the case may be, of paragraph (2) above.

(5) An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the office-holder has made additional payments for a period equal in length to the office-holder’s back service and for this purpose, for any period during which the office-holder has made additional payments at a rate higher than the standard rate, the office-holder shall be treated as having made such payments for a correspondingly longer period (so that, for example, if the office-holder has made additional payments at twice the standard rate for one year the office-holder shall be treated as having made additional payments for two years)..

11.  (1)  Regulation 10 (method of payment) is amended as follows.

(2) In paragraph (1), for “8 or 9” substitute “8, 9 or 9A”.

(3) In paragraph (3)(b), after “remarriage” insert “or formation of a civil partnership”.

12.  (1)  Regulation 11 (effect of making periodical payments) is amended as follows.

(2) For “she”, in each place, substitute “the office-holder”.

(3) For “her”, in each place, substitute “the office-holder's”.

(4) In paragraph (5), after “regulation 9(5)” insert “or 9A(5)”.

13.  In regulation 12 (non-aggregable service) for “she” and “her”, in each place, substitute “the office-holder”.

14.  (1)  Regulation 13 (refunds of periodical payments) is amended as follows.

(2) In paragraph (1)—

(a)for the first “her” substitute “the office-holder”,

(b)for “she” substitute “the office-holder”, and

(c)for the second “her” substitute “the office-holder's”.

(3) In paragraph (1)(a)—

(a)for “her” substitute “the office-holder's”, and

(b)after “widower's” insert “or surviving civil partner's”.

(4) In paragraph (1)(b), for “her”, in each place, substitute “the office-holder's”.

15.  (1)  The Schedule (office of the Lord Chancellor) is amended as follows.

(2) In paragraph 1(1) of the Schedule, after “Lord Chancellor” insert “and to a person who holds the office of Lord Chancellor and is or was a civil partner”.

(3) In paragraph 1(3) of the Schedule—

(a)after “whether or not” insert “he or”, and

(b)for “her” substitute “their”.

Article 95

SCHEDULE 4Amendments of subordinate legislation made pursuant to the Judicial Pensions and Retirement Act 1993

The Judicial Pensions (Miscellaneous) Regulations 1995(4)

1.  The Judicial Pensions (Miscellaneous) Regulations 1995 are amended as follows.

2.  (1)  Regulation 4B (circumstances in which a personal representative may make an election) is amended as follows.

(2) After “surviving spouse's”, in each place, insert “or surviving civil partner's”.

(3) After “surviving spouse”, in each place, insert “or surviving civil partner”.

The Judicial Pensions (Qualifying Judicial Offices etc.) (City of London) Order 1995(5)

3.  The Judicial Pensions (Qualifying Judicial offices etc.) (City of London) Order 1995 is amended as follows.

4.  In article 10 (adjustment of overpayment), in paragraph (2)(b) after “surviving spouse's” insert “or surviving civil partner's”.

The Judicial Pensions (Transfer of Accrued Benefits) Regulations 1995(6)

5.  The Judicial Pensions (Transfer of Accrued Benefits) Regulations 1995 are amended as follows.

6.  (1)  Regulation 6 (Part I scheme: calculation of cash equivalents) is amended as follows.

(2) In paragraph (1)—

(a)after “married”, in each place, insert “or a civil partner”, and

(b)for “unmarried”, in each place, substitute “neither married nor a civil partner”.

(3) In paragraph (2)—

(a)after “spouse's”, in each place, insert “or civil partner's”,

(b)for “unmarried”, in each place, substitute “neither married nor a civil partner”, and

(c)in sub-paragraph (f)(i), after “married” insert “or a civil partner”.

7.  (1)  Regulation 7 (section 19 scheme: calculation of cash equivalents) is amended as follows.

(2) In paragraph (1)—

(a)in sub-paragraph (a), after “married” insert “or a civil partner”, and

(b)in sub-paragraph (b), for “unmarried” substitute “neither married nor a civil partner”.

(3) In paragraph (2)(d), after “spouse's” insert “or civil partner's”.

8.  (1)  Regulation 14 (Part I scheme: calculation of pension credit) is amended as follows.

(2) In paragraph (3)—

(a)in sub-paragraph (a), after “married” insert “or a civil partner”, and

(b)for “unmarried”, in each place, substitute “neither married nor a civil partner”.

(3) In paragraph (4)—

(a)after “spouse's”, in each place, insert “or civil partner's” ,

(b)in sub-paragraph (c)(i), after “married” insert “or a civil partner”, and

(c)for “unmarried”, in each place, substitute “neither married nor a civil partner”.

(4) In paragraph (6), after “spouse's” insert “or civil partner's”.

9.  (1)  Regulation 15 (section 19 scheme: calculation of pension credit) is amended as follows.

(2) In paragraph (1)—

(a)in sub-paragraph (c), after “spouse's” insert “or “civil partner's”,

(b)in sub-paragraph (c)(i), after “married” insert “or a civil partner”, and

(c)in sub-paragraph (c)(ii), for “unmarried” substitute “neither married nor a civil partner”.

(3) In paragraph (3), after “spouse's” insert “or civil partner's”.

10.  In Schedule 2 (which shows tables of market level adjustment factors), after “Spouse's”, in each column heading, insert “or Civil Partner's”.

The Judicial Pensions (Additional Benefits for Disregarded Earnings) Regulations 1995(7)

11.  The Judicial Pensions (Additional Benefits for Disregarded Earnings) Regulations 1995 are amended as follows.

12.  In regulation 3 (timing and manner of payments of pensions and lump sums under section 19), in paragraph (2), after “surviving spouse's”, in each place, insert “or surviving civil partner's”.

The Judicial Pensions (Contributions) Regulations 1998(8)

13.  The Judicial Pensions (Contributions) Regulations 1998 are amended as follows.

14.  (1)  Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a)in the definition of “contribution”, after “surviving spouse's” insert “or surviving civil partner’s ”, and

(b)in the definition of “office-holder”, after “surviving spouse's” insert “or surviving civil partner's”.

15.  (1)  Regulation 12 (contributions liability period) is amended as follows.

(2) In paragraph (3)—

(a)for “unmarried” substitute “neither married nor a civil partner”, and

(b)after “spouse” insert “or a civil partner”.

(3) In paragraph (4)—

(a)for “unmarried” substitute “neither married nor a civil partner”, and

(b)after “spouse” insert “or a civil partner”.

(4) In paragraph (5), after “spouse”, in each place, insert “or a civil partner”.

(5) In paragraph (6), after “spouse”, in each place, insert “or a civil partner”.

(6) In paragraph (7), after “spouse”, in each place, insert “or a civil partner”.

(7) In paragraph (8), after “married” insert “or a civil partner”.

(8) In paragraph (9)(a), after “married” insert “or a civil partner”.

(9) After paragraph (10) insert—

(11) Where, at the date he ceases to hold qualifying judicial office, an office holder—

(a)has made an election under Schedule 1A, paragraph 3(2) in respect of a surviving civil partner’s pension; and

(b)has never had a spouse or eligible children during his service in qualifying judicial office;

his contributions liability period shall not include his service in qualifying judicial office before 5th December 2005..

16.  (1)  Regulation 15 (refund of contributions-section 1(1)(a) office holders) is amended as follows.

(2) In paragraph (2) —

(a)for “unmarried” substitute “neither married nor a civil partner”, and

(b)after “spouse” insert “, civil partner”.

(3) In paragraph (3) —

(a)for “unmarried” substitute “neither married nor a civil partner”, and

(b)after “spouse”, in each place, insert “, civil partner”.

(4) After paragraph (3) insert—

(3A) Where, at the date he ceases to hold qualifying judicial office, an office holder—

(a)has made an election under Schedule 1A, paragraph 3(2) in respect of a surviving civil partner’s pension, and

(b)has never had a spouse or eligible children during his service in qualifying judicial office,

there shall be refunded, together with compound interest, contributions in respect of a period equal to the difference between—

(i)the total period during which contributions have been paid (subject to a maximum of 20 years), and

(ii)the period of service (subject to a maximum of 20 years) on or after 5th December 2005.

(3B) Paragraph (3A) shall apply without prejudice to any other refund to which an office holder is entitled under this regulation..

(5) In paragraph (4)(a), after “married” insert “or a civil partner”.

Article 96

SCHEDULE 5Amendments of subordinate legislation made pursuant to the Judicial Pensions Act 1981 and the Judicial Pensions and Retirement Act 1993

The Judicial Pensions (Additional Voluntary Contributions) Regulations 1995(9)

1.  The Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 are amended as follows.

2.  In regulation 1.2 (interpretation), in the definition of “additional voluntary contributions” after “surviving spouse's” insert “or surviving civil partner's”.

3.  In regulation 2.8 (aggregated retirement benefit), in paragraph (2), after “surviving spouse” insert “or surviving civil partner”.

4.  (1)  Regulation 2.10 (rate of surviving spouse’s or children’s pension) is amended as follows.

(2) In paragraph (1)—

(a)after “surviving spouse's” insert “or surviving civil partner's”, and

(b)after “surviving spouse” insert “or surviving civil partner”.

5.  In regulation 2.24 (benefits which may be provided), in paragraph (2)(d)(i), after “spouse” insert “or civil partner”.

6.  In regulation 2.25 (payment of benefits), in paragraph (b), after “surviving spouse's” insert “or surviving civil partner's”.

7.  In regulation 4.1 (interpretation: JASSPS), in paragraph (2), after “surviving spouse's”, in each place, insert “or surviving civil partner's”.

8.  (1)  Regulation 4.2 (membership: JASSPS) is amended as follows.

(2) In paragraph (3)—

(a)after “surviving spouse's” insert “or surviving civil partner's”, and

(b)after “spouse” insert “or civil partner”.

9.  In regulation 4.4 (limits on the added benefits that may be purchased under JASSPS), after “surviving spouse's” insert “or surviving civil partner's”.

10.  In regulation 4.7 (manner of making contributions into the JASSPS), after “surviving spouse's”, in each place, insert “or surviving civil partner's”.

11.  (1)  Regulation 4.11 (valuation of benefits under the JASSPS) is amended as follows.

(2) After “surviving spouse's”, in each place, insert “or surviving civil partner's”.

(3) In paragraph (1), after “surviving spouse” insert “or surviving civil partner”.

12.  (1)  Regulation 4.12 (valuation of benefits under the JABS) is amended as follows.

(2) After “surviving spouse” insert “or surviving civil partner”.

(3) After “surviving spouse's” insert “or surviving civil partner's”.

13.  (1)  Regulation 4.13 (refund of contributions) is amended as follows.

(2) After “spouse”, in each place, insert “or a civil partner”.

(3) In paragraph (1), for “is both unmarried and has no eligible children” substitute “is neither married, nor a civil partner and has no eligible children”.

(4) For paragraph (5) substitute—

(5) Where the spouse or civil partner of a member who has bought added units of surviving spouse’s or surviving civil partner’s pension dies or is divorced or the civil partnership is dissolved before the member ceases to be a member of the scheme constituted under Part 1 of the 1993 Act, contributions to the JASSPS shall not be refunded..

Article 97

SCHEDULE 6Further amendments of subordinate legislation relating to judicial pensions

The Judicial Pensions (Requisite Benefits) Order 1988(10)

1.  The Judicial Pensions (Requisite Benefits) Order 1988 is amended as follows.

2.  (1)  Article 10 (widower’s guaranteed pension) is amended as follows.

(2) In the side-note, after “Widower's” insert “or surviving civil partner's”.

(3) In paragraph (1)—

(i)for “female office-holder” substitute “person who is an office-holder”, and

(ii)for “her widower” substitute “their widower or surviving civil partner”.

(4) In paragraph (3)(b), after “widower's” insert “or surviving civil partner's”.

The Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988(11)

3.  The Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988 is amended as follows.

4.  (1)  Article 10 (widower’s guaranteed pension) is amended as follows.

(2) In the side-note, after “Widower's” insert “or surviving civil partner's”.

(3) In paragraph (1)—

(i)for “female office-holder” substitute “person who is an office-holder”, and

(ii)for “her widower” substitute “their widower or surviving civil partner”.

(4) In paragraph (3)(b), after “widower's” insert “or surviving civil partner's”.

The Judicial Pensions (Preservation of Benefits) Order 1995(12)

5.  The Judicial Pensions (Preservation of Benefits) Order 1995 is amended as follows.

6.  In article 7 (inalienability), after “surviving spouse” insert “or surviving civil partner”.

The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995(13)

7.  The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995 is amended as follows.

8.  (1)  Article 5 (surviving spouse’s guaranteed minimum pension) is amended as follows.

(2) In the side-note, after “Surviving spouse's” insert “or surviving civil partner's”.

(3) In paragraph (1), after “surviving spouse” insert “or surviving civil partner”.

(4) In paragraph (2), after “widower” insert “or surviving civil partner”.

(5) In paragraph (3), after “surviving spouse's” insert “or surviving civil partner's”.

9.  (1)  Article 6 (contribution in the event of marriage during retirement) is amended as follows.

(2) In the side-note, after “marriage” insert “or formation of civil partnership”.

(3) For paragraph (1) substitute—

(1) Where an office-holder is neither married nor a civil partner on the date that he ceases to hold office, he may be required to undertake that, in return for payment of a lump sum to him under the scheme, he will, on his first marriage or the formation of his first civil partnership afterwards, pay a contribution in respect of the benefits that may become payable to his surviving spouse or surviving civil partner by virtue of article 5..

(4) In paragraph (2)(a)(ii)—

(i)after “married” insert “or a civil partner”, and

(ii)after “marriage of his contracted” insert “or civil partnership of his formed”.

The Judicial Pensions (Preservation of Benefits) Order (Northern Ireland) 1995(14)

10.  The Judicial Pensions (Preservation of Benefits) Order (Northern Ireland) 1995 is amended as follows.

11.  In article 7 (inalienability), after “surviving spouse” insert “or surviving civil partner”.

The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995(15)

12.  The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995 is amended as follows.

13.  (1)  Article 5 (surviving spouse’s guaranteed minimum pension) is amended as follows.

(2) In the side-note, after “Surviving spouse's” insert “or surviving civil partner's”.

(3) In paragraph (1), after “surviving spouse” insert “or surviving civil partner”.

(4) In paragraph (2), after “widower” insert “or surviving civil partner”.

(5) In paragraph (3), after “surviving spouse's” insert “or surviving civil partner's”.

14.  (1)  Article 6 (contribution in the event of marriage during retirement) is amended as follows.

(2) In the side-note, after “marriage” insert “or formation of civil partnership”.

(3) For paragraph (1) substitute—

(1) Where an office-holder is neither married nor a civil partner on the date that he ceases to hold office, he may be required to undertake that, in return for payment of a lump sum to him under the scheme, he will, on his first marriage or the formation of his first civil partnership afterwards, pay a contribution in respect of the benefits that may become payable to his surviving spouse or surviving civil partner by virtue of article 5..

(4) In paragraph (2)(a)(ii)—

(i)after “married” insert “or a civil partner”, and

(ii)after “marriage of his contracted” insert “or civil partnership of his formed”.

The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order 1997(16)

15.  The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order 1997 is amended as follows.

16.  (1)  Article 3 (entitlement of surviving spouse to a pension) is amended as follows.

(2) In the side-note, after “surviving spouse” insert “or surviving civil partner”.

(3) After “surviving spouse”, in each place, insert “or surviving civil partner”.

(4) In paragraph (b), after “the marriage took place” insert “or the civil partnership was formed”.

17.  In article 4 (which describes when article 3 does not apply), in paragraph (1) after “surviving spouse's” insert “or surviving civil partner's”.

18.  (1)  Article 5 (annual rate of surviving spouse’s pension) is amended as follows.

(2) In the side-note, after “surviving spouse's” insert “or surviving civil partner's”.

(3) After “surviving spouse's” insert “or surviving civil partner's”.

19.  In article 6 (relationship to other benefits), after “surviving spouse”, in each place, insert “or surviving civil partner”.

20.  In article 7 (entitlement to have effect notwithstanding other enactments), after “surviving spouse's” insert “or surviving civil partner's”.

The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997(17)

21.  The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997 is amended as follows.

22.  (1)  Article 3 (entitlement of surviving spouse to a pension) is amended as follows.

(2) In the side-note, after “surviving spouse” insert “or surviving civil partner”.

(3) After “surviving spouse”, in each place, insert “or surviving civil partner”.

(4) In paragraph (b), after “the marriage took place” insert “or the civil partnership was formed”.

23.  In article 4 (which describes when article 3 does not apply), in paragraph (1) after “surviving spouse's” insert “or surviving civil partner's”.

24.  (1)  Article 5 (annual rate of surviving spouse’s pension) is amended as follows.

(2) In the side-note, after “surviving spouse's” insert “or surviving civil partner's”.

(3) After “surviving spouse's” insert “or surviving civil partner's”.

25.  In article 6 (relationship to other benefits), after “surviving spouse”, in each place, insert “or surviving civil partner”.

26.  In article 7 (entitlement to have effect notwithstanding other enactments), after “surviving spouse's” insert “or surviving civil partner's”.

Article 98

SCHEDULE 7Amendments of subordinate legislation, etc. relating to Church pensions

Church of England Pensions Regulations 1988

1.  In the Church of England Pensions Regulations 1988(18), regulation 19 (guaranteed minimum pensions) is amended as follows—

(a)in the side-note, after “spouses” insert “or civil partners”, and

(b)after regulation 19(5) insert—

(6) Notwithstanding any other provision of these Regulations, the Board will pay pensions to the surviving civil partners of scheme members as required in order to comply with any applicable enactment or subordinate legislation in relation to pensions for the surviving civil partners of deceased civil partners..

Rules of the Church of England Funded Pensions Scheme

2.  The Rules of the Church of England Funded Pensions Scheme(19) are amended as follows.

3.  (1)  In the heading to rule 7 (pensions for spouses and children), after “spouses” insert “, civil partners”.

(2) In rule 7.1 (spouse’s pension), after “remarries” insert “or forms a civil partnership”.

(3) In rule 7.5 (children’s pension)—

(a)after “adopted by the Member” insert “, and any other children of the Member’s civil partner to whom a children’s pension must be paid in order to comply with regulation 9A(1) of the Employment Equality (Sexual Orientation) Regulations 2003(20) and with any applicable enactment or subordinate legislation in relation to pensions for the surviving dependants of deceased civil partners”, and

(b)at the end insert—

  • A children’s pension will be paid to the child of a Member’s civil partner, where that child is not the Member’s child or step-child, only to the extent required in order to comply with regulation 9A(1) of the Employment Equality (Sexual Orientation) Regulations 2003 and with any applicable enactment or subordinate legislation in relation to pensions for the surviving dependants of deceased civil partners..

(4) After rule 7.5 insert—

7.6.    Civil Partners

If a Member dies leaving a surviving civil partner, all references in rule 7.1 to 7.5 to a spouse or surviving spouse are to be treated as references to a civil partner or surviving civil partner (and all references to a spouse’s pension are to be treated as references to a civil partner’s pension), to the extent required in order to comply with regulation 9A(1) of the Employment Equality (Sexual Orientation) Regulations 2003 and with any applicable enactment or subordinate legislation in relation to pensions for the surviving civil partners of deceased civil partners. The reference in rule 7.1 to the marriage is to be treated as a reference to the formation of the civil partnership, and the reference in rule 7.1 to the surviving spouse remarrying or forming a civil partnership is to be treated as a reference to the surviving civil partner marrying or forming a further civil partnership..

(5) In rule 12.3 (benefits not assignable), after “spouse” insert “or civil partner”.

(6) In the heading to rule 12.9 (pension sharing on divorce), after “divorce” insert “etc.”.

(7) In rule 12.9.3(ii), after “new spouse” insert “or civil partner”.

(8) In rule 12.9.4, after “surviving spouse” insert “or civil partner”.

(9) After rule 12.9.4 insert—

12.9.5.    Civil Partners

If a pension sharing order is made in respect of a Member’s civil partner all references in rule 12.9.1 to 12.9.4 to a former spouse are to be treated as references to the Member’s former civil partner..

4.  Paragraphs 2 and 3 do not affect any other power to amend any provision of the Rules (including any provision amended or inserted by those paragraphs).

(1)

S.R. 1995/189 as amended by S.R. 1996/10.

(2)

S.R. 1987/101 as amended by S.R. 1987/160 and S.R. 1989/130.

(3)

S.I. 1991/2731.

(4)

S.I. 1995/632, amended by S.I. 1996/2893, 1997/1687.

(6)

S.I. 1995/637.

(7)

S.I. 1995/640.

(8)

S.I. 1998/1219.

(9)

S.I. 1995/639, amended by S.I. 1996/52; the other amending instrument is not relevant.

(10)

S.I. 1988/1420.

(11)

S.R. (NI) 1988/294.

(12)

S.I. 1995/634 revoked in relation to Northern Ireland by 1995/2647.

(13)

S.I. 1995/2647, amended by 1997/2667.

(15)

S.R. (NI) 1995/389.

(16)

S.I. 1997/2667.

(17)

S.R. (NI) 1997/479.

(18)

S.I. 1988/2256; amended by the Pensions Measure 1997 (1997 No. 1) and by S.I. 1992/1748 and 1997/1929.

(19)

Scheduled to the Trust Deed made on 5th December 1997 by the Church of England Pensions Board under section 1(3) of the Pensions Measure 1997 (1997 No. 1). The Rules took effect on 1st January 1998. Rule 12.9 was inserted (and other amendments made which are not relevant to this Order) by a further Deed dated 22nd July 2002.

(20)

S.I. 2003/1661 as amended by S.I. 2003/2827. Regulation 9A is subject to an exception in regulation 25, which is amended by S.I. 2005/2114, Schedule 17, paragraph 7(3).

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