This Statutory Rule is being issued free of charge to all known recipients of Statutory Rule No. 433 which contained errors.

2005 No. 433

CIVIL PARTNERSHIP

The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005

Made

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation in accordance with Article 1(2) and (3)

The Department for Social Development, in exercise of the powers conferred by section 255 of the Civil Partnership Act 20041, and of all other powers enabling it in that behalf, having consulted such persons as it considers appropriate2, hereby makes the following Order:

Citation, commencement and interpretationI211

1

This Order may be cited as the Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005.

2

In this Order—

a

paragraphs 5 and 8 of Schedule 1 shall come into operation, for the purposes only of making regulations under section 17(1) of the Pension Schemes Act3 (commutation, surrender and forfeiture);

b

paragraph 10 of Schedule 1 shall come into operation, for the purposes only of making regulations under section 24(5) of the Pension Schemes Act4 (ways of giving effect to protected rights), and

c

paragraph 11 of Schedule 1 shall come into operation, for the purposes only of making regulations under section 24A(5)(a) of the Pension Schemes Act5 (requirements for interim arrangements),

on 10th November 2005.

3

Subject to paragraph (2), this Order shall come into operation on 5th December 2005.

4

In this Order “the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 19936.

Annotations:
Commencement Information
I21

Art. 1 in operation at 5.12.2005, see art. 1(3)

Amendment of legislationI222

1

Schedule 1, which contains amendments of provisions of the Pension Schemes Act which relate to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners, shall have effect.

2

Schedule 2, which contains amendments of provisions of Regulations which relate to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners, shall have effect.

Annotations:
Commencement Information
I22

Art. 2 in operation at 5.12.2005, see art. 1(3)

Sealed with the Official Seal of the Department for Social Development on 29th September 2005.

John O'NeillA senior officer of theDepartment for Social Development

SCHEDULE 1Amendments of the Pension Schemes Act relating to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners

Article 2(1)

I231

The Pension Schemes Act is amended in accordance with paragraphs 2 to 24.

I32

In section 4(2) (meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”), in the definition of “guaranteed minimum pension”, for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

I43

In section 8A(1) and (2)(b)7 (the statutory standard) for “widows or widowers” there shall be substituted “widows, widowers or surviving civil partners”.

I54

In section 8B(4)8 (reference scheme) for “widows or widowers”, in each place where it occurs, there shall be substituted “widows, widowers or surviving civil partners”.

I1I605

In section 13 (minimum pensions for widows and widowers)—

a

in subsection (1) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”;

b

in subsection (2), after paragraph (b) there shall be added the following paragraph—

c

if the earner is a person who has a guaranteed minimum under that section, the weekly rate of the surviving civil partner’s pension will not be less than the surviving civil partner’s guaranteed minimum.

c

in subsection (4) after “widower's” there shall be inserted “or surviving civil partner's”;

d

in subsection (4A)9—

i

at the beginning there shall be inserted “Subject to subsection (4B)”;

ii

for “widow or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”;

iii

for “widow or widower”, in each place where it occurs (other than paragraph (c)(i) and (ii)), there shall be substituted “widow, widower or surviving civil partner”;

iv

for paragraph (c)(i) and (ii) there shall be substituted the following sub-paragraphs—

i

comprises a period during which the widow, widower or surviving civil partner and—

a

a person of the opposite sex are living together as husband and wife, or

b

a person of the same sex are living together as if they were civil partners, nor

ii

falls after the time of any—

a

marriage, or

b

formation of a civil partnership,

by the widow or widower or surviving civil partner which takes place after the earner’s death.

e

after subsection (4A), there shall be inserted the following subsection—

4B

Sub-paragraphs (i)(b) and (ii)(b) of subsection (4A)(c) do not apply where the earner dies before 5th December 2005.

f

in subsection (6)10 for “widower’s pension to be payable to him” there shall be substituted “widower’s or surviving civil partner’s pension to be payable”;

g

in subsection (7)11 for “widowers or widows” there shall be substituted “widows, widowers or surviving civil partners”, and

h

after subsection (8)12 there shall be added the following subsection—

9

For the purposes of subsection (4A), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Annotations:
Commencement Information
I1

Sch. 1 para. 5 in operation at 10.11.2005 for specified purposes, see art. 1(2)(a)

I60

Sch. 1 para. 5 in operation in so far as not already in operation at 5.12.2005, see art. 1(3)

I66

In section 15(5)(a)(i) and (ii) (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I77

In section 16(6) (transfer of accrued rights) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I2I618

In section 17(2) (commutation, surrender and forfeiture) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

Annotations:
Commencement Information
I2

Sch. 1 para. 8 in operation at 10.11.2005 for specified purposes, see art. 1(2)(a)

I61

Sch. 1 para. 8 in operation in so far as not already in operation at 5.12.2005, see art. 1(3)

I89

In section 19(3)(b) (securing of benefits)13 for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

F210

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I913

In section 33(4)19 (alteration of rules of contracted-out schemes) after “widower” there shall be inserted “or surviving civil partner”.

I1014

In section 34(2) (alteration of rules of appropriate schemes)—

a

after “apply” there shall be inserted “(a)”, and

b

after “prescribed description” there shall be inserted—

; or

b

where the rules of the relevant scheme are altered to make provision for pensions for surviving civil partners

I1115

In section 4320 (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 42)—

a

in subsection (1) after “widower” there shall be inserted “or surviving civil partner”;

b

in subsection (3)—

i

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and

ii

for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

I1216

In section 44(2)(c)21 (reduced benefits where minimum payments or minimum contributions paid) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I1317

In section 56(5)22 (effect of payment of premium on rights) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I1418

In section 83 (general protection principle)—

a

in subsection (2)(c) for “widow or widower, the widow’s or, as the case may be, the widower's” there shall be substituted “widow, widower or surviving civil partner, the widow's, widower’s or surviving civil partner’s (as the case may be)”;

b

in subsection (3) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

c

in subsections (3)(a) and (4)(d) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

I1519

In section 84(1)(b) (the relevant sum) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I1620

In section 85(1)(a) and (b) and (2)(b) (the appropriate addition) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

I1721

In section 86(2)(a) and (b) (the later earnings addition) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

I1822

In section 105(1)(b) (annual increase of guaranteed minimum pensions) for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”.

I1923

In section 106(1)(b)23 (requirement as to resources for annual increase of guaranteed minimum pensions) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.

I2024

1

In section 165(1)(c)24 (determination of questions by Department) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

2

The reference in sub-paragraph (1) to section 165 is a reference to that section as it has effect without the substitution made by paragraph 99 of Schedule 6 to the Social Security (Northern Ireland) Order 199825.

SCHEDULE 2Amendments of provisions of Regulations relating to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners

Article 2(2)

PART 1

Amendment of the Personal and Occupational Pension Schemes (Abatement of Benefit) RegulationsI241

The Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations (Northern Ireland) 198726 are amended in accordance with paragraphs 2 and 3.

I252

In regulation 327 (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum contributions have been paid)—

a

in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

b

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and

c

in paragraph (2) after “widower” there shall be inserted “or surviving civil partner”.

I263

In regulation 528 (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum payments have been made)—

a

in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

b

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and

c

in paragraph (2) after “widower” there shall be inserted “or surviving civil partner”.

PART 2

Amendment of the Contracting-out (Protection of Pensions) RegulationsI274

The Contracting-out (Protection of Pensions) Regulations (Northern Ireland) 199129 are amended in accordance with paragraphs 5 to 8.

I285

In regulation 2(1) (hybrid benefits) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I296

In regulation 430 (pensions for widows and widowers varied after commencement)—

a

in the heading for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”, and

b

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.

I307

In regulation 531 (the relevant sum for widows and widowers)—

a

in the heading for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”, and

b

in paragraph (2)—

i

for “widow or widower” (in the first place where it occurs) there shall be substituted “widow, widower or surviving civil partner”, and

ii

in sub-paragraph (a) after “widow or widower” there shall be inserted “or being then a civil partner of the surviving civil partner”.

I318

In regulation 8(1) (the later earnings addition) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

PART 3

Amendment of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) RegulationsI329

In regulation 5(a) of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations (Northern Ireland) 199632 (conditions on which appropriate policies of insurance may be commuted) for “his widow or her widower” there shall be substituted “the beneficiary’s widow, widower or surviving civil partner”.

PART 4

Amendment of the Occupational Pension Schemes (Contracting-out) RegulationsI3310

The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 33 are amended in accordance with paragraphs 11 to 23.

I3411

In regulation 1 (citation, commencement and interpretation) after paragraph (1) there shall be inserted the following paragraph—

1A

For the purposes of these Regulations, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

F312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3513

In regulation 23(b) (requirements for meeting the statutory standard) for “widows or widowers”, in each place where it occurs, there shall be substituted “widows, widowers or surviving civil partners”.

I3614

For regulation 26 (reference scheme: circumstances in which widows' or widowers' pensions need not be payable) there shall be substituted the following regulation—

Reference scheme: circumstances in which widows', widowers' or surviving civil partners' pensions need not be payable26

1

For the purposes of section 8B(4)(a)35 of the Act (reference scheme to provide widows', widowers' and surviving civil partners' pensions except in prescribed circumstances), and subject to paragraph (2), the prescribed circumstances are where—

a

the scheme member marries or forms a civil partnership after having received benefits under the scheme;

b

the widow, widower or surviving civil partner of the scheme member—

i

remarries or, as the case may be, marries;

ii

forms a civil partnership or, as the case may be, forms a subsequent civil partnership;

iii

lives together as husband and wife with another person to whom he or she is not married, or

iv

lives together with a person of the same sex as if they were civil partners,

after having received benefits under the scheme;

c

the widow, widower or surviving civil partner of the scheme member is at the time of the member’s death—

i

living together as husband and wife with another person to whom he or she is not married, or

ii

living together with a person of the same sex as if they were civil partners.

2

Paragraph (1)(b)(ii) and (iv) and (c)(ii) does not apply where the scheme member dies before 5th December 2005.

I3715

In regulation 45(3A)36 (approval of arrangements for schemes ceasing to be contracted-out) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I3816

In regulation 50A37 (persons to be regarded as members) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

F417

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F418

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F419

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F420

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F421

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F422

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F423

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5

Amendment of the Protected Rights (Transfer Payment) RegulationsI3924

In regulation 4(d) of the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 199640 (transfer payments to salary related contracted-out schemes) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

PART 6

Amendment of the Contracting-out (Transfer and Transfer Payment) RegulationsI4025

In paragraph 6(b) of Part III of Schedule 1 to the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 199641 (further conditions for transfer of liability for the payment of a guaranteed minimum pension to, or in respect of, a person who has become entitled to it) for “his widow or her widower” there shall be substituted “the widow, widower or surviving civil partner of that person”.

PART 7

Amendment of the Personal and Occupational Pension Schemes (Protected Rights) RegulationsI4126

The Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 199742 are amended in accordance with paragraphs 27 to 35.

I4227

In regulation 1(2) (citation, commencement and interpretation) after the definition of “child benefit” there shall be inserted the following definition—

  • “marital or civil partnership status”, in relation to a person, means whether that person has previously formed a marriage or a civil partnership and, if so, whether that marriage or civil partnership has ended;

I4328

In regulation 4 (conditions applying to pensions and annuities which give effect to protected rights)—

a

in paragraph (2)(b)43—

i

for “an unmarried member” there shall be substituted “a member who is neither married nor a civil partner”, and

ii

for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

b

in paragraph (9)(a) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I4429

In regulation 544 (circumstances in which and periods for which pension or annuity is to be paid to widow or widower after being paid to member)—

a

in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

b

in paragraph (1)(b) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”, and

c

for paragraph (2) there shall be substituted the following paragraphs—

2

There is excluded from the period prescribed in paragraph (1)(b) any period after—

a

the widow’s or widower’s remarriage or the surviving civil partner’s marriage under pensionable age, or

b

subject to paragraph (3), the widow’s or widower’s formation of a civil partnership, or the surviving civil partner’s formation of a subsequent civil partnership under pensionable age.

3

Paragraph (2)(b) does not apply where the member dies before 5th December 2005.

I4530

In regulation 6(c) (interim arrangements)—

a

for “an unmarried member” there shall be substituted “a member who is neither married nor a civil partner”, and

b

for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.

I4631

In regulation 11(1)(b)45 (insurers that may provide protected rights by way of annuities) after “marital” there shall be inserted “or civil partnership”.

I4732

In regulation 1246 (death of member before effect given to his protected rights)—

a

in paragraph (2), in each place where it occurs, and paragraphs (3), (5), (9), (11)(a), (12), (13) and (14), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

b

in paragraph (5) for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

b

in the case of a widow or widower, remarries or, in the case of a surviving civil partner, marries while under pensionable age, or

c

subject to paragraph (15), in the case of a widow or widower, forms a civil partnership or, in the case of a surviving civil partner, forms a subsequent civil partnership while under pensionable age.

c

in paragraph (9) for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

b

in the case of a widow or widower, remarried or, in the case of a surviving civil partner, married while under pensionable age, or

c

subject to paragraph (15), in the case of a widow or widower, formed a civil partnership or, in the case of a surviving civil partner, formed a subsequent civil partnership while under pensionable age.

d

after paragraph (14) there shall be added the following paragraph—

15

Paragraphs (5)(c) and (9)(c) do not apply where the member dies before 5th December 2005.

I4833

In regulation 1347 (death before effect given to protected rights: interim arrangements for widow or widower)—

a

in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

b

in paragraph (1) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and

c

in paragraph (2)(a)(ii) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I4934

In regulation 14 (enforceable entitlement after death of member) after “widower” there shall be inserted “, surviving civil partner”.

I5035

In regulation 15 (further requirements in respect of giving effect to protected rights) after “marital” there shall be inserted “or civil partnership”.

PART 8

Amendment of the Occupational Pension Schemes (Modification of Schemes) RegulationsF136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9

Amendment of the Personal Pension Schemes (Appropriate Schemes) RegulationsI5137

In regulation 6A of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 199749 (provision of information for purposes of contracting-out) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

PART 10

Amendment of the Occupational Pension Schemes (Discharge of Liability) RegulationsI5238

The Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 199750 are amended in accordance with paragraphs 39 to 45.

I5339

In regulation 1 (citation, commencement and interpretation), after paragraph (1) there shall be inserted the following paragraph—

1A

For the purposes of these Regulations, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

I5440

In regulation 3(a) (conditions on which policies of insurance and annuity contracts may be assigned or surrendered) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

I5541

In regulation 4 (conditions on which policies of insurance and annuity contracts may be commuted)—

a

in paragraph (1)(a)(i) for “or widower” there shall be substituted “, widower or surviving civil partner”, and

b

in paragraph (2) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

I5642

In regulation 6 (further conditions on which liability may be discharged)—

a

in paragraph (2)(a) for “or widower” there shall be substituted “, widower or surviving civil partner”, and

b

in paragraph (5) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.

I5743

In regulation 9(2) (circumstances in which liability to provide pensions under a relevant scheme may be discharged) for “widow or widower, or if there is no such widow or widower” there shall be substituted “widow, widower or surviving civil partner or, if there is no such person”.

I5844

In regulation 11 (conditions on which liability to provide pensions under a relevant scheme may be discharged)—

a

in paragraph (3)51—

i

in sub-paragraphs (a) and (b) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;

ii

in sub-paragraph (b) omit “and (c)”;

b

for paragraph (4) there shall be substituted the following paragraph—

4

Subject to paragraph (7), the circumstances referred to in paragraph (3) are—

a

the beneficiary marries or forms a civil partnership after having received benefits under the policy or contract;

b

the widow, widower or surviving civil partner of the beneficiary—

i

remarries or, as the case may be, marries;

ii

forms a civil partnership or, as the case may be, forms a subsequent civil partnership;

iii

lives together as husband and wife with another person to whom he or she is not married;

iv

lives together with a person of the same sex as if they were civil partners, or

v

at the time of the beneficiary’s death—

a

is living together as husband and wife with another person to whom he or she is not married, or

b

is living together with a person of the same sex as if they were civil partners.

c

after paragraph (6), there shall be added the following paragraph—

7

Paragraph (4)(b)(ii), (iv) and (v)(b) does not apply where the beneficiary dies before 5th December 2005.

I5945

In Schedule 1 (form of consent to arrangement for securing benefit) after “widower”, in each place where it occurs, there shall be inserted “/surviving civil partner”.

(This note is not part of the Order)

This Order amends the Pension Schemes (Northern Ireland) Act 1993 (“the 1993 Act”) and subordinate legislation, making provision for surviving civil partners to receive pensions under contracted-out occupational and appropriate personal pension schemes.

Article 1 provides for citation, commencement and interpretation.

Article 2 introduces Schedule 1, containing amendments of the 1993 Act, and Schedule 2, containing amendments of provisions of Regulations.

Schedule 1 amends provisions of the 1993 Act to extend to surviving civil partners existing contracting-out requirements to provide survivor benefits to widows and widowers.

  • Paragraphs 2 to 4, 6 to 13 and 15 to 23 extend provisions in respect of widows and widowers in the 1993 Act to surviving civil partners.

  • Paragraph 5 amends section 13 of the 1993 Act, to extend to surviving civil partners the provisions in relation to guaranteed minimum pensions for widows and widowers so that surviving civil partners are treated in the same way as widowers. It also extends the circumstances where pensions to survivors need not be paid. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force.

  • Paragraph 14 amends section 34(2) of the 1993 Act to extend its scope to allow appropriate schemes to alter their rules to make provision for survivor benefits for civil partners.

  • Paragraph 24 amends section 165(1)(c) of the 1993 Act in relation to the determination of certain questions. Section 165 was amended by the Social Security (Northern Ireland) Order 1998 but those amendments have not yet been brought into operation (except for the purpose of making regulations). Accordingly it is the version of section 165(1)(c) prior to those amendments that has been amended.

Schedule 2 amends Regulations relating to contracting-out by extending to surviving civil partners existing provisions relating to widows and widowers. Where existing provisions apply only to widowers, they are extended to apply to surviving civil partners. Each Part of Schedule 2 amends a separate set of Regulations—

  • Part 1 amends the Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations (Northern Ireland) 1987;

  • Part 2 amends the Contracting-out (Protection of Pensions) Regulations (Northern Ireland) 1991;

  • Part 3 amends the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations (Northern Ireland) 1996;

  • Part 4 amends the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996. Paragraph 14 substitutes regulation 26, to extend the circumstances in which, in relation to the reference scheme, widows', widowers' and civil partners' pensions need not be paid. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force. Paragraph 19 amends regulation 58 to extend the circumstances in which a guaranteed minimum pension payable to a widower or surviving civil partner need not be paid. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force;

  • Part 5 amends the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996;

  • Part 6 amends the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996;

  • Part 7 amends the Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997. Paragraph 29 amends regulation 5 to extend the circumstances in which a pension or annuity payable to a widow, widower or surviving civil partner need not be paid. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force. Paragraph 32 amends regulation 12 to extend the circumstances in which a pension or annuity need not be paid to the widow, widower or surviving civil partner when the member dies before effect is given to his or her protected rights. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force;

  • Part 8 amends the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 1997;

  • Part 9 amends the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997;

  • Part 10 amends the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997. Paragraph 44 amends regulation 11 to extend the circumstances in which a pension need not be provided for widows, widowers and surviving civil partners. These extended circumstances are subject to a transitional provision which ensures that they do not apply to survivors of scheme members where the member dies before the civil partnership provisions come into force.

An assessment of the impact on business, charities or the voluntary sector of the provisions in this Order is included in the Regulatory Impact Assessment that accompanied the Civil Partnership Act 2004. A copy of that assessment has been placed in the libraries of both Houses of Parliament. Copies may be obtained from the DTI website at http://www.dti.gov.uk/access/ria/index.htm#equality.