SCHEDULE 3Consequential and related amendments

PART 3Pension schemes

Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010112

1

The Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010246 is amended as follows.

2

In Schedule 1247 (which sets out the Armed Forces Pension Scheme 1975 as it applies to the Army)—

a

in rule E.1248—

i

in paragraph (3)(c), for paragraph (ii) (including the “or”) substitute—

ii

was a man and leaves a surviving civil partner (of either sex);

iia

was a woman and leaves a surviving civil partner who is a woman; or

ii

in paragraph (5), for sub-paragraph (c) substitute—

c

the member was a woman and—

i

was married to a man whom she leaves a widower; or

ii

leaves a surviving civil partner who is a man.

b

in rule E.9(3)249, after “married couple” insert “or civil partners”.

3

In Schedule 2 (which sets out the Army Attributable Benefits Scheme)—

a

in rule C.2250—

i

in paragraph (a), for sub-paragraph (ii) (including the “or”) substitute—

ii

was a man and leaves a surviving civil partner (of either sex);

iia

was a woman and leaves a surviving civil partner who is a woman; or

ii

in paragraph (b), for paragraph (ii) (including the “or”) substitute—

ii

was a man and leaves a surviving civil partner (of either sex), where the civil partnership was formed after discharge;

iia

was a woman and leaves a surviving civil partner who is a woman, where the civil partnership was formed after discharge; or

iii

in paragraph (c), for the words from “married to” to the end (but not the final “or”) substitute—

—

i

married to a man whom she leaves a widower; or

ii

who leaves a surviving civil partner who is a man;

b

in rule C.3251—

i

in paragraph (a), at the end insert “or”;

ii

for paragraphs (b) and (c) (including the final “and”) substitute—

b

the person and the deceased were living together as if they were a married couple or civil partners and were not—

i

prevented from marrying (or, prior to 13th March 2014 (which is the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force), would not have been prevented from doing so apart from both being of the same sex), or

ii

prevented from forming a civil partnership (or, prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force, would not have been prevented from doing so apart from both being of the opposite sex), and