The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Occupational Pension Schemes (Discharge of Liability) Regulations 1997

16.—(1) The Occupational Pension Schemes (Discharge of Liability) Regulations 1997(1) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), omit paragraph (1A).

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

(a) in paragraph (4)(b)—

(i) for paragraphs (iii) and (iv) substitute—

“(iii) lives together as a married couple with another person whom he or she is not married to or in a civil partnership with; or”, and

(ii) in paragraph (v), for sub-paragraphs (a) and (b) substitute “is living together as a married couple with another person whom he or she is not married to or in a civil partnership with.”, and

(b) for paragraph (7) substitute—

“(7) The following provisions do not apply where the beneficiary died before 5th December 2005—

(a) paragraph (4)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex;

(b) paragraph (4)(b)(ii); and

(c) paragraphs (iii) and (v) of paragraph (4)(b) so far as they relate to the living together of two people of the same sex.”.

(1)

S.I. 1997/784; Regulations 1 and 11 were amended by S.I. 2005/2050 and S.I. 2014/107. There are other amending instruments but none is relevant.