- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
18. For regulation 31E (Surviving nominated partner’s pension)(1), substitute—
31E.—(1) This regulation applies on the death of a member, if—
(a)the member has superannuable service on or after 1st April 2008,
(b)the member dies in any of the circumstances described in regulations 24 to 28, and
(c)the member leaves a surviving scheme partner.
(2) Where this regulation applies, a surviving scheme partner is entitled to a surviving scheme partner’s pension.
(3) A surviving scheme partner’s pension is calculated and paid—
(a)in accordance with regulations 23 to 28, as they apply to pensions for widows, and
(b)excluding any part of the member’s benefit that is based on superannuable service before 6th April 1988.
(4) Paragraph (3)(b) is subject to the following—
(a)If regulation 24(3) or (3C) or regulation 26(2) or (2A) applies to the calculation of a surviving scheme partner’s pension on a member’s death in superannuable employment or with a preserved pension—
(i)the whole of the member’s superannuable service is taken into account when calculating whether and, if so, the extent to which there would have been an increase, by the application of regulation 13(3) or regulation 13A(4), in the superannuable service on which the member’s pension, under regulation 13 or regulation 13A, would have been based, and
(ii)the whole period, if any by which the member’s pension would have increased, is treated, in this regulation, as superannuable service after 5th April 1988 for the purpose of calculating a surviving scheme partner’s pension;
(b)If regulation 25(2) applies, so that the surviving scheme partner’s pension is equal to the member’s pension for a limited period, the surviving scheme partner’s pension for that limited period is equal to the whole of the member’s pension.
(5) If regulation 28 applies, paragraph (1) of that regulation is to be read as if the words “where the member and his wife were not married to each other during a period of superannuable employment” are replaced with “if the Department is not satisfied that a member’s partner was the member’s scheme partner for a continuous period of at least two years ending on the member’s last day of superannuable service”.
(6) A reference in these Regulations to regulation 23 to 28 means, in relation to benefits in respect of a member who has a scheme partner, those regulations as applicable to the member’s surviving scheme partner.
(7) A person (P) is the scheme partner of a member if —
(a)the member and P are living together as if they were husband and wife or civil partners,
(b)the member and P are not prevented from marrying or entering into a civil partnership,
(c)the member and P are financially interdependent or P is financially dependent on the member, and
(d)neither the member nor P is living with a third person as if they were husband and wife or as if they were civil partners.
(8) A person is a surviving scheme partner of a member if the Department is satisfied that for a continuous period of at least two years, ending with the member’s death, the person was the scheme partner of that member.”.
Regulation 31E was inserted by S.R. 2008 No.163, regulation 29 and amended by S.R. 2010 No.22, regulation 7; S.R. 2010 No.286, regulation 10 and S.R. 2013 No.259, regulation 7
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys