Marriage (Same Sex Couples) Act 2013

22 (1) Section 37 (alteration of rules of contracted-out schemes) is amended as follows. E+W

(2) 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.

(7) This section is subject to regulations under section 38A.”.

Commencement Information

I1 Sch. 4 para. 22 in force at 13.3.2014 for specified purposes by S.I. 2014/93, art. 3(j)(vi)

I2 Sch. 4 para. 22 in force at 10.12.2014 in so far as not already in force by S.I. 2014/3169, art. 2