7. In each of rules E.3(6)(a), E.4(3)(a) and E.5(3)(a) in Part E of Schedule 1 to the Armed Forces Pension Scheme Order 2005(1), before “civil partner” insert “person who was married to someone of the same sex or a”.
8.—(1) Part E of Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (death benefits) is amended as follows.
(2) In rule E.1 (surviving spouse’s or civil partner’s pensions)—
(a)for paragraph (3)(c) substitute—
“(c)the member was a man and was married to a woman whom he leaves a widow.”, and
(b)for paragraph (5)(c) substitute—
“(c)the member—
(i)was a woman and was married to a man whom she leaves a widower;
(ii)was married to a person of the same sex and leaves that person as a surviving spouse; or
(iii)leaves a surviving civil partner.”.
(3) In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—
“(d)the member was a man and was married to a woman whom he leaves a widow.”.
9. In Part C of Schedule 2 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable to surviving adult dependants), in rule C.2 (conditions relating to the deceased), for paragraphs (a) and (b) substitute—
“(a)the deceased person was in service on or after 31st March 1973 and at the time of his death was a man married to a woman;
(b)the deceased person was in service on or after 6th April 1978, married after discharge, and at the time of his death was a man married to a woman;”.
10. In Part D of Schedule 2 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable in respect of eligible children), for rule D.1(3) (entitlement to a child’s compensation) substitute—
“(3) This Part will only apply when—
(a)the deceased person was a man who was in service on or after 31st March 1973, and at the time of his death was married to a woman whom he leaves a widow;
(b)the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;
(c)the deceased person was in service on or after 1st October 1987, and at the time of that person’s death was either married to a person of the same sex or was in a civil partnership with a person whom the deceased person leaves as a surviving spouse or surviving civil partner;
(d)the deceased person was an eligible partner and was in service on or after 5th December 2005.”.
11.—(1) Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (death benefits) is amended as follows.
(2) In rule E.1 (surviving spouse’s or civil partner’s pensions)—
(a)for paragraph (3)(c) substitute—
“(c)the member was a man and was married to a woman whom he leaves a widow.”, and
(b)for paragraph (5)(c) substitute—
“(c)the member—
(i)was a woman and was married to a man whom she leaves a widower;
(ii)was married to a person of the same sex and leaves that person as a surviving spouse; or
(iii)leaves a surviving civil partner.”.
(3) In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—
“(d)the member was a man and was married to a woman whom he leaves a widow.”.
12. In Part C of Schedule 2 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (benefits payable to surviving adult dependants), in rule C.2 (conditions relating to the deceased), for paragraphs (a) and (b) substitute—
“(a)the deceased person was in service on or after 31st March 1973 and at the time of his death was a man married to a woman;
(b)the deceased person was in service on or after 6th April 1978, married after discharge, and at the time of his death was a man married to a woman;”.
13. In Part D of Schedule 2 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (benefits payable in respect of eligible children), for rule D.1(3) (entitlement to a child’s compensation) substitute—
“(3) This Part will only apply when—
(a)the deceased person was a man who was in service on or after 31st March 1973, and at the time of his death was married to a woman whom he leaves a widow;
(b)the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;
(c)the deceased person was in service on or after 1st October 1987, and at the time of that person’s death was either married to a person of the same sex or was in a civil partnership with a person whom the deceased person leaves as a surviving spouse or surviving civil partner;
(d)the deceased person was an eligible partner and was in service on or after 5th December 2005.”.
14.—(1) Part E of Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (death benefits) is amended as follows.
(2) In rule E.1 (surviving spouse’s or civil partner’s pensions)—
(a)for paragraph (3)(c) substitute—
“(c)the member was a man and was married to a woman whom he leaves a widow.”, and
(b)for paragraph (5)(c) substitute—
“(c)the member—
(i)was a woman and was married to a man whom she leaves a widower;
(ii)was married to a person of the same sex and leaves that person as a surviving spouse; or
(iii)leaves a surviving civil partner.”.
(3) In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—
“(d)the member was a man and was married to a woman whom he leaves a widow.”.
15. In Part C of Schedule 2 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable to surviving adult dependants), in rule C.2 (conditions relating to the deceased), for paragraphs (a) and (b) substitute—
“(a)the deceased person was in service on or after 31st March 1973 and at the time of his death was a man married to a woman;
(b)the deceased person was in service on or after 6th April 1978, married after discharge, and at the time of his death was a man married to a woman;”.
16. In Part D of Schedule 2 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable in respect of eligible children), for rule D.1(3) (entitlement to a child’s compensation) substitute—
“(3) This Part will only apply when—
(a)the deceased person was a man who was in service on or after 31st March 1973, and at the time of his death was married to a woman whom he leaves a widow;
(b)the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;
(c)the deceased person was in service on or after 1st October 1987 and, at the time of that person’s death was either married to a person of the same sex or was in a civil partnership with a person whom the deceased person leaves as a surviving spouse or surviving civil partner;
(d)the deceased person was an eligible partner and was in service on or after 5th December 2005.”.
17.—(1) Pension schemes referred to in the first column of the table at sub-paragraph (2) are amended in the appropriate place as specified in the second column by the insertion of—
(a)the following provision, with the number 1 substituted by the appropriate number specified in the third column—
1.—(1) In this Scheme—
(a)a reference to civil partnership is to be read as including a reference to marriage of a same sex couple,
(b)a reference to civil partners is to be read as including a reference to a married same sex couple, and
(c)a reference to a person who is in a civil partnership is to be read as including a reference to a person who is married to a person of the same sex.
(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, or a reference to a person whose civil partnership has ended) is to be read accordingly.
(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
(4) Paragraph 1 of Schedule 3 to the Marriage (Same Sex Couples) Act 2013 does not apply to the interpretation of this Scheme.
(5) Section 11(1) and (2) of, and paragraph 3 of Schedule 3 to, that Act have effect subject to paragraphs (1) to (3).”, and
(b)the following provision, with the number 2 substituted by the appropriate number specified in the fourth column—
2.—(1) In this Scheme—
(a)a reference to persons who are not in a civil partnership but are living together as civil partners is to be read as including a reference to a same sex couple who are not married but are living together as a married couple, and
(b)a reference to a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to persons formerly living together as civil partners) is to be read accordingly.
(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
(4) Paragraph 2 of Schedule 3 to the Marriage (Same Sex Couples) Act 2013 does not apply to the interpretation of this Scheme.
(5) Section 11(1) and (2) of, and paragraph 3 of Schedule 3 to, that Act have effect subject to paragraphs (1) to (3).”.
(2) The table referred to in sub-paragraph (1) is as set out below—
| Pension scheme | Provision after which wording in paragraph 17 is inserted | New numbering for (a) in paragraph 17 | New numbering for (b) in paragraph 17 |
|---|---|---|---|
| The Firefighters’ Pension Scheme(2) set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England | Schedule 1, Part 2: Expressions related to National Insurance and Social Security Acts | Part 3: Provision relating to same sex couples, rule 1 | Part 3: Provision relating to same sex couples, rule 2 |
| The Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales(3) | Schedule 1, Part 2: Expressions related to National Insurance and Social Security Acts | Part 3: Provision relating to same sex couples, rule 1 | Part 3: Provision relating to same sex couples, rule 2 |
| The Local Government Pension Scheme Regulations 1997(4) | Regulation 42A | Regulation 42B | Regulation 42C |
| The New Firefighters’ Pension Scheme (England)(5) | Part 1, rule 3 | Rule 4 | Rule 5 |
| The New Firefighters’ Pension Scheme (Wales)(6) | Part 1, rule 3 | Rule 4 | Rule 5 |
| Teachers’ Pensions Regulations 2010(7) | Regulation 2 | Regulation 2A | Regulation 2B |
| The Royal Mail Statutory Pension Scheme(8) | Part 1, rule 2 | Rule 2A | Rule 2B |
S.I. 2005/438; to which there are amendments not relevant to this Order.
The scheme is in Schedule 2 to S.I. 1992/129; Schedule 2 is the subject of amendments not relevant to this Order. The name of the scheme was changed to the Firefighters’ Pension Scheme by S.I. 2004/2306. By virtue of S.I. 2006/3432, subject to certain savings, the scheme has no effect in relation to any person who takes up employment with an English fire and rescue authority on or after 6th April 2006.
The scheme is in Schedule 2 to S.I. 1992/129; Schedule 2 is the subject of amendments not relevant to this Order. The name of the scheme was changed to the Firefighters’ Pension (Wales) Scheme by S.I. 2004/2918 (W. 257). By virtue of S.I. 2007/1072 (W. 110), subject to certain savings, the scheme has no effect in relation to any person who takes up employment with a Welsh fire and rescue authority on or after 6th April 2006.
S.I. 1997/1612; these Regulations were revoked, with savings, by S.I. 2008/238 and continue to have effect in respect of deferred and pensioner members of the scheme constituted by them.
The scheme is in Schedule 1 to S.I. 2006/3432; Schedule 1 is the subject of amendments not relevant to this Order.
The scheme is in Schedule 1 to S.I. 2007/1072 (W.110); Schedule 1 is the subject of amendments not relevant to this Order.
S.I. 2010/990, to which there are amendments not relevant to this Order.
The scheme rules are in Schedule 1 to S.I. 2012/687.