County Courts Act (Northern Ireland) 1959 (c. 25)

PART XIII N.I. SUPERANNUATION

N.I. [F1 Widows', Surviving Civil Partners' and Childrens' Pensions]

F1 SI 2005/3325

[F2 123 [F3 Widows', widowers' and surviving civil partners' pensions]. N.I.

(1) No[F3 widow's, widower's, or surviving civil partner's] pension may be granted if the marriage[F3 or formation of the civil partnership] with the deceased took place after he or she retired from relevant service.

[F4 (1A) A surviving civil partner’s pension may not be granted in respect of a person’s service if—

(a) the person retired from relevant service before 13th January 2020, and

(b) power to grant the pension relies on the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019.]

(2) A[F3 widow's, widower's, or surviving civil partner's] pension shall come to an end on the the death of the[F3 widow, widower or surviving civil partner].

(3) Where a[F3 widow's, widower's or surviving civil partner's] pension is payable the Treasury may, on or at any time after

[F3 (a) the remarriage of, or formation of a civil partnership by, the widow or widower, or

(b) the formation of a subsequent civil partnership by, or the marriage of, the surviving civil partner,]

direct that it shall cease to be payable.

(4) Where such a direction has been given the Treasury may at any time direct that payment of the pension is to be resumed.

(5) The annual amount of a[F3 widow's, widower's or surviving civil partner's] pension may be one half of the annual amount of the personal pension.]

F2 1991 NI 24

F3 SI 2005/3325

F4 S. 123(1A) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 55(2) (with regs. 6-9)