The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006

This adran has no associated Memorandwm Esboniadol

106.—(1) The Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006(1) are amended as follows.

(2) In regulation 3 (modifications to which subsisting rights provisions do not apply)—

(a)omit the “or” at the end of paragraph (h),

(b)in paragraph (i), in each of sub-paragraphs (i) and (ii), for “widow or widower” substitute “surviving opposite sex spouse”, and

(c)after paragraph (i) insert—

, or

(j)which provides in relation to all or part of a member’s subsisting rights that after the member’s death—

(i)a surviving same sex spouse is treated in the same way as a surviving opposite sex spouse, and

(ii)the rights of any other survivor of the member are determined as if the surviving same sex spouse were a surviving opposite sex spouse..

(3) In regulation 7(1) (modifications which trustees may make), for “widow or widower”, in both places it occurs, substitute “surviving opposite sex spouse”.

(4) After regulation 7 insert—

Modification of schemes: surviving same sex spouses

7ZA.  The trustees of a trust scheme may by resolution modify the scheme in relation to all or part of a member’s subsisting rights so that after the member’s death—

(a)a surviving same sex spouse is treated in the same way as a surviving opposite sex spouse, and

(b)the rights of any other survivor are determined as if the surviving same sex spouse were a surviving opposite sex spouse..