The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014

Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010

4.—(1) Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010(1) (death benefits) is amended as follows.

(2) In rule E.1—

(a) for paragraph (3)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c) the member was—

(i) a man and was married to a woman whom he leaves a widow; or

(ii) a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.”,

(b) for paragraph (5)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c) the member—

(i) was a woman and was married to a man whom she leaves a widower;

(ii) (except for a member who falls within rule E.1(15)) was married to a person of the same sex and leaves that person as a surviving spouse; or

(iii) leaves a surviving civil partner.”,

(c) in paragraph (13) (surviving spouse or civil partner’s pensions) for sub-paragraph (c) substitute—

“(c) had that person been the member’s surviving spouse or the member’s surviving civil partner, one of conditions A to C would be met,”, and

(d) after paragraph (14) (surviving spouse or civil partner’s pensions) insert—

“(15) A deceased woman falls within this rule if—

(a) she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

(3) In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—

“(d) the member was—

(i) a man and was married to a woman whom he leaves a widow; or

(ii) a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

(4) After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8) A deceased woman falls within this rule if—

(a) she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

(5) In rule E.9 (suspensions of pension on marriage etc.), for paragraph (3) substitute—

“(3) This paragraph applies while the surviving spouse or civil partner and another person are living together as if they are a married couple.”.

(6) In rule E.30(4) (death attributable to service), for “widow’s pension” in each place it occurs substitute “surviving spouse’s or civil partner’s pension”.

(1)

Royal Warrant made under section 2 of the Pensions and Yeomanry Pay Act 1884 (47 and 48 Vict c. 55) and prerogative powers. This Warrant and the warrants which amend it are not statutory instruments. Schedule 1 was substituted in its entirety by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010 and was subsequently amended by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme (Amendment) Warrant 2012. Copies can be obtained from www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies are available from CDP-Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB.