SCHEDULE 5CONSEQUENTIAL MODIFICATIONS TO PRIMARY LEGISLATION
Pension Schemes Act 1993I111
1
The Pension Schemes Act 1993115 is amended as follows.
2
In section 8(2) (meaning of certain terms), in the definition of “guaranteed minimum pension”, after “widower’s” insert “, surviving same sex spouse’s”.
3
In section 17 (minimum pensions for widows and widowers)116—
a
in subsection (2)—
i
in paragraph (a), after “man” insert “, or a woman in a relevant gender change case,”; and
ii
after paragraph (c) insert—
d
if the earner is a man who has a guaranteed minimum under that section, the weekly rate of the widower’s pension will not be less than the surviving same sex spouse’s guaranteed minimum;
e
if the earner is a woman (other than in a relevant gender change case) who has a guaranteed minimum under that section, the weekly rate of the widow’s pension will not be less than the surviving same sex spouse’s guaranteed minimum.
b
in subsection (4), after “partner’s” insert “or surviving same sex spouse’s;
c
in subsection (4A)(c)(i)117, for paragraphs (a) and (b) (but not the “nor” following paragraph (b)) substitute “another person are living together as a married couple;”;
d
in subsection (5), at the beginning insert “In the case of a woman who is the widow of a man,”;
e
in subsection (6)—
i
at the beginning insert “In any other case,”; and
ii
after “widower’s” insert “, widow’s”;
f
for subsection (9) substitute—
9
In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—
a
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.
4
In section 24D (survivors’ benefits)118—
a
in subsection (2), after “earner” insert “is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner”;
b
in subsection (3)—
i
after “earner” insert “is a married woman (other than in a relevant gender change case), a man married to a man, or a civil partner, and the earner”; and
ii
after “widower” insert “, widow”; and
c
after subsection (3) insert—
4
In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—
a
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.
5
In section 37 (alteration of rules of contracted-out schemes)119 for subsection (4) substitute—
4
The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed.
5
For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being—
a
the widower of a female earner;
b
the widower of a male earner;
c
the widow of a female earner, except where it is a relevant gender change case; or
d
the survivor of a civil partnership with an earner.
6
In relation to a widow of a female earner, the reference in subsection (5)(c) to a relevant gender change case is a reference to a case where—
a
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.
6
In section 47 (further provisions about effect of entitlement to guaranteed minimum pension on payment of social security benefits)120, in subsection (1) after “widower” insert “, surviving same sex spouse”.
7
In section 84 (basis of revaluation)121, in subsection (5), after “widower” insert “, surviving same sex spouse”.
8
In section 99(3)(b) (trustees’ duties after exercise of option)122, for “his widow” substitute “his or her surviving spouse or civil partner”.
9
In Schedule 3 (methods of revaluing accrued pension benefits)123, in paragraph 1(1E)(b), after “widower” insert “, surviving same sex spouse”.