SCHEDULE 1Amendments of the Pension Schemes Act relating to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners
1.
The Pension Schemes Act is amended in accordance with paragraphs 2 to 24.
2.
In section 4(2) (meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”), in the definition of “guaranteed minimum pension”, for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
3.
4.
5.
In section 13 (minimum pensions for widows and widowers)—
(a)
in subsection (1) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”;
(b)
“(c)
if the earner is a person who has a guaranteed minimum under that section, the weekly rate of the surviving civil partner’s pension will not be less than the surviving civil partner’s guaranteed minimum.”;
(c)
in subsection (4) after “widower's” there shall be inserted “or surviving civil partner's”;
(d)
(i)
at the beginning there shall be inserted “Subject to subsection (4B)”;
(ii)
for “widow or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”;
(iii)
for “widow or widower”, in each place where it occurs (other than paragraph (c)(i) and (ii)), there shall be substituted “widow, widower or surviving civil partner”;
(iv)
“(i)
comprises a period during which the widow, widower or surviving civil partner and—
(a)
a person of the opposite sex are living together as husband and wife, or
(b)
a person of the same sex are living together as if they were civil partners, nor
(ii)
falls after the time of any—
(a)
marriage, or
(b)
formation of a civil partnership,
by the widow or widower or surviving civil partner which takes place after the earner’s death.”;
(e)
“(4B)
Sub-paragraphs (i)(b) and (ii)(b) of subsection (4A)(c) do not apply where the earner dies before 5th December 2005.”;
(f)
(g)
(h)
“(9)
For the purposes of subsection (4A), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.”.
6.
In section 15(5)(a)(i) and (ii) (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
7.
In section 16(6) (transfer of accrued rights) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
8.
In section 17(2) (commutation, surrender and forfeiture) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
9.
F110.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13.
14.
In section 34(2) (alteration of rules of appropriate schemes)—
(a)
after “apply” there shall be inserted “(a)”, and
(b)
“; or
(b)
where the rules of the relevant scheme are altered to make provision for pensions for surviving civil partners”.
15.
(a)
in subsection (1) after “widower” there shall be inserted “or surviving civil partner”;
(b)
in subsection (3)—
(i)
for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and
(ii)
for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
16.
17.
18.
In section 83 (general protection principle)—
(a)
in subsection (2)(c) for “widow or widower, the widow’s or, as the case may be, the widower's” there shall be substituted “widow, widower or surviving civil partner, the widow's, widower’s or surviving civil partner’s (as the case may be)”;
(b)
in subsection (3) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;
(c)
in subsections (3)(a) and (4)(d) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
19.
In section 84(1)(b) (the relevant sum) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
20.
In section 85(1)(a) and (b) and (2)(b) (the appropriate addition) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
21.
In section 86(2)(a) and (b) (the later earnings addition) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
22.
In section 105(1)(b) (annual increase of guaranteed minimum pensions) for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”.