Article 2(2)
1. The Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs 2 and 3.
2. In regulation 3(2) (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum contributions have been paid)—
(a)in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;
(b)for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and
(c)in paragraph (2) after “widower” there shall be inserted “or surviving civil partner”.
3. In regulation 5(3) (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum payments have been made)—
(a)in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;
(b)for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and
(c)in paragraph (2) after “widower” there shall be inserted “or surviving civil partner”.
4. The Contracting-out (Protection of Pensions) Regulations (Northern Ireland) 1991(4) are amended in accordance with paragraphs 5 to 8.
5. In regulation 2(1) (hybrid benefits) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
6. In regulation 4(5) (pensions for widows and widowers varied after commencement)—
(a)in the heading for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”, and
(b)for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.
7. In regulation 5(6) (the relevant sum for widows and widowers)—
(a)in the heading for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”, and
(b)in paragraph (2)—
(i)for “widow or widower” (in the first place where it occurs) there shall be substituted “widow, widower or surviving civil partner”, and
(ii)in sub-paragraph (a) after “widow or widower” there shall be inserted “or being then a civil partner of the surviving civil partner”.
8. In regulation 8(1) (the later earnings addition) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
9. In regulation 5(a) of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations (Northern Ireland) 1996(7) (conditions on which appropriate policies of insurance may be commuted) for “his widow or her widower” there shall be substituted “the beneficiary’s widow, widower or surviving civil partner”.
10. The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 (8) are amended in accordance with paragraphs 11 to 23.
11. In regulation 1 (citation, commencement and interpretation) after paragraph (1) there shall be inserted the following paragraph—
“(1A) For the purposes of these Regulations, 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.”.
12. In regulation 20(1)(b)(9) (trivial commutation of benefits derived from section 5(2B) rights) for “his widow or widower” there shall be substituted “the relevant transferee’s widow, widower or surviving civil partner”.
13. In regulation 23(b) (requirements for meeting the statutory standard) for “widows or widowers”, in each place where it occurs, there shall be substituted “widows, widowers or surviving civil partners”.
14. For regulation 26 (reference scheme: circumstances in which widows' or widowers' pensions need not be payable) there shall be substituted the following regulation—
26.—(1) For the purposes of section 8B(4)(a)(10) of the Act (reference scheme to provide widows', widowers' and surviving civil partners' pensions except in prescribed circumstances), and subject to paragraph (2), the prescribed circumstances are where—
(a)the scheme member marries or forms a civil partnership after having received benefits under the scheme;
(b)the widow, widower or surviving civil partner of the scheme member—
(i)remarries or, as the case may be, marries;
(ii)forms a civil partnership or, as the case may be, forms a subsequent civil partnership;
(iii)lives together as husband and wife with another person to whom he or she is not married, or
(iv)lives together with a person of the same sex as if they were civil partners,
after having received benefits under the scheme;
(c)the widow, widower or surviving civil partner of the scheme member is at the time of the member’s death—
(i)living together as husband and wife with another person to whom he or she is not married, or
(ii)living together with a person of the same sex as if they were civil partners.
(2) Paragraph (1)(b)(ii) and (iv) and (c)(ii) does not apply where the scheme member dies before 5th December 2005.”.
15. In regulation 45(3A)(11) (approval of arrangements for schemes ceasing to be contracted-out) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
16. In regulation 50A(12) (persons to be regarded as members) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
17. In regulation 55(1)(c)(13) (scheme rules about guaranteed minimum pensions) after “widower” there shall be inserted “or surviving civil partner”.
18. In regulation 57 (circumstances in which widower’s guaranteed minimum pension is to be payable)—
(a)in the heading after “widower's” there shall be inserted “or surviving civil partner's”;
(b)after “widower's” there shall be inserted “or surviving civil partner's”;
(c)after “widower”, in each place where it occurs, there shall be inserted “or surviving civil partner”, and
(d)in paragraph (b)—
(i)in sub-paragraph (ii) for “her” there shall be substituted “the earner's”, and
(ii)in sub-paragraph (iii) for “he” there shall be substituted “the widower or surviving civil partner”.
19. In regulation 58 (period for which widower’s guaranteed minimum pension is to be payable)—
(a)in the heading after “widower's” there shall be inserted “or surviving civil partner's”;
(b)in paragraph (1) after “widower's”, in each place where it occurs, there shall be inserted “or surviving civil partner's”;
(c)for paragraph (2) there shall be substituted the following paragraph—
“(2) There is excluded from the periods prescribed under paragraph (1)(b) or (c) any period—
(a)after the widower’s remarriage or surviving civil partner’s marriage under pensionable age;
(b)after the formation of a civil partnership by the widower or the formation of a subsequent civil partnership by the surviving civil partner under pensionable age;
(c)during which the widower or surviving civil partner is under pensionable age and—
(i)he or, as the case may be, she and a person of the opposite sex are living together as husband and wife, or
(ii)he or, as the case may be, she and a person of the same sex are living together as if they were civil partners;
(d)after the widower has attained pensionable age if immediately before he attained that age—
(i)he and a woman to whom he was not married were living together as husband and wife, or
(ii)he and a man were living together as if they were civil partners, or
(e)after the surviving civil partner has attained pensionable age if immediately before he or she attained that age—
(i)he or she and a person of the opposite sex to whom he or she was not married were living together as husband and wife, or
(ii)he or she and a person of the same sex were living together as if they were civil partners.”, and
(d)after paragraph (2) there shall be added the following paragraph—
“(3) Paragraph (2)(b), (c)(ii) and (d)(ii) does not apply where a man becomes a widower before 5th December 2005.”.
20. In regulation 59 (statutory references to persons entitled to guaranteed minimum pensions – application to widowers)—
(a)in the heading at the end there shall be added “and surviving civil partners”, and
(b)after “when the earner died” there shall be inserted “or by virtue of being the surviving civil partner of an earner only in the case where the earner and the surviving civil partner were both over pensionable age when the earner died”.
21. In regulation 60 (trivial commutation of guaranteed minimum pensions)—
(a)in paragraph (1)(b) for “his widow or her widower” there shall be substituted “the earner’s widow, widower or surviving civil partner”, and
(b)in paragraph (2) for “widow’s or widower's”, in each place where it occurs, there shall be substituted “widow's, widower’s or surviving civil partner's”.
22. In regulation 61 (suspension and forfeiture of guaranteed minimum pensions)—
(a)in paragraph (1) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”, and
(b)in paragraph (2) for “widow’s or widower's”, in each place where it occurs, there shall be substituted “widow's, widower’s or surviving civil partner's”.
23. In regulation 63(14) (provision of information about guaranteed minimum pensions) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.
24. In regulation 4(d) of the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996(15) (transfer payments to salary related contracted-out schemes) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
25. In paragraph 6(b) of Part III of Schedule 1 to the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996(16) (further conditions for transfer of liability for the payment of a guaranteed minimum pension to, or in respect of, a person who has become entitled to it) for “his widow or her widower” there shall be substituted “the widow, widower or surviving civil partner of that person”.
26. The Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997(17) are amended in accordance with paragraphs 27 to 35.
27. In regulation 1(2) (citation, commencement and interpretation) after the definition of “child benefit” there shall be inserted the following definition—
““marital or civil partnership status”, in relation to a person, means whether that person has previously formed a marriage or a civil partnership and, if so, whether that marriage or civil partnership has ended;”.
28. In regulation 4 (conditions applying to pensions and annuities which give effect to protected rights)—
(a)in paragraph (2)(b)(18)—
(i)for “an unmarried member” there shall be substituted “a member who is neither married nor a civil partner”, and
(ii)for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and
(b)in paragraph (9)(a) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
29. In regulation 5(19) (circumstances in which and periods for which pension or annuity is to be paid to widow or widower after being paid to member)—
(a)in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;
(b)in paragraph (1)(b) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”, and
(c)for paragraph (2) there shall be substituted the following paragraphs—
“(2) There is excluded from the period prescribed in paragraph (1)(b) any period after—
(a)the widow’s or widower’s remarriage or the surviving civil partner’s marriage under pensionable age, or
(b)subject to paragraph (3), the widow’s or widower’s formation of a civil partnership, or the surviving civil partner’s formation of a subsequent civil partnership under pensionable age.
(3) Paragraph (2)(b) does not apply where the member dies before 5th December 2005.”.
30. In regulation 6(c) (interim arrangements)—
(a)for “an unmarried member” there shall be substituted “a member who is neither married nor a civil partner”, and
(b)for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.
31. In regulation 11(1)(b)(20) (insurers that may provide protected rights by way of annuities) after “marital” there shall be inserted “or civil partnership”.
32. In regulation 12(21) (death of member before effect given to his protected rights)—
(a)in paragraph (2), in each place where it occurs, and paragraphs (3), (5), (9), (11)(a), (12), (13) and (14), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;
(b)in paragraph (5) for sub-paragraph (b) there shall be substituted the following sub-paragraphs—
“(b)in the case of a widow or widower, remarries or, in the case of a surviving civil partner, marries while under pensionable age, or
(c)subject to paragraph (15), in the case of a widow or widower, forms a civil partnership or, in the case of a surviving civil partner, forms a subsequent civil partnership while under pensionable age.”;
(c)in paragraph (9) for sub-paragraph (b) there shall be substituted the following sub-paragraphs—
“(b)in the case of a widow or widower, remarried or, in the case of a surviving civil partner, married while under pensionable age, or
(c)subject to paragraph (15), in the case of a widow or widower, formed a civil partnership or, in the case of a surviving civil partner, formed a subsequent civil partnership while under pensionable age.”, and
(d)after paragraph (14) there shall be added the following paragraph—
“(15) Paragraphs (5)(c) and (9)(c) do not apply where the member dies before 5th December 2005.”.
33. In regulation 13(22) (death before effect given to protected rights: interim arrangements for widow or widower)—
(a)in the heading for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;
(b)in paragraph (1) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”, and
(c)in paragraph (2)(a)(ii) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
34. In regulation 14 (enforceable entitlement after death of member) after “widower” there shall be inserted “, surviving civil partner”.
35. In regulation 15 (further requirements in respect of giving effect to protected rights) after “marital” there shall be inserted “or civil partnership”.
36. In regulation 6(1)(da) of the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 1997(23) (restriction on powers to modify schemes: exception) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
37. In regulation 6A of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997(24) (provision of information for purposes of contracting-out) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
38. The Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997(25) are amended in accordance with paragraphs 39 to 45.
39. In regulation 1 (citation, commencement and interpretation), after paragraph (1) there shall be inserted the following paragraph—
“(1A) For the purposes of these Regulations, 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.”.
40. In regulation 3(a) (conditions on which policies of insurance and annuity contracts may be assigned or surrendered) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.
41. In regulation 4 (conditions on which policies of insurance and annuity contracts may be commuted)—
(a)in paragraph (1)(a)(i) for “or widower” there shall be substituted “, widower or surviving civil partner”, and
(b)in paragraph (2) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.
42. In regulation 6 (further conditions on which liability may be discharged)—
(a)in paragraph (2)(a) for “or widower” there shall be substituted “, widower or surviving civil partner”, and
(b)in paragraph (5) for “widow or widower”, in each place where it occurs, there shall be substituted “widow, widower or surviving civil partner”.
43. In regulation 9(2) (circumstances in which liability to provide pensions under a relevant scheme may be discharged) for “widow or widower, or if there is no such widow or widower” there shall be substituted “widow, widower or surviving civil partner or, if there is no such person”.
44. In regulation 11 (conditions on which liability to provide pensions under a relevant scheme may be discharged)—
(a)in paragraph (3)(26)—
(i)in sub-paragraphs (a) and (b) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”;
(ii)in sub-paragraph (b) omit “and (c)”;
(b)for paragraph (4) there shall be substituted the following paragraph—
“(4) Subject to paragraph (7), the circumstances referred to in paragraph (3) are—
(a)the beneficiary marries or forms a civil partnership after having received benefits under the policy or contract;
(b)the widow, widower or surviving civil partner of the beneficiary—
(i)remarries or, as the case may be, marries;
(ii)forms a civil partnership or, as the case may be, forms a subsequent civil partnership;
(iii)lives together as husband and wife with another person to whom he or she is not married;
(iv)lives together with a person of the same sex as if they were civil partners, or
(v)at the time of the beneficiary’s death—
(a)is living together as husband and wife with another person to whom he or she is not married, or
(b)is living together with a person of the same sex as if they were civil partners.”;
(c)after paragraph (6), there shall be added the following paragraph—
“(7) Paragraph (4)(b)(ii), (iv) and (v)(b) does not apply where the beneficiary dies before 5th December 2005.”.
45. In Schedule 1 (form of consent to arrangement for securing benefit) after “widower”, in each place where it occurs, there shall be inserted “/surviving civil partner”.
S.R. 1987 No. 291, amended by S.R. 1994 No. 300 and S.R. 1996 No. 95
Regulation 3 was amended by paragraph 16 of Schedule 2 to S.R. 1994 No. 300 and regulation 4(2) of S.R. 1996 No. 95
Regulation 5 was amended by paragraph 16 of Schedule 2 to S.R. 1994 No. 300 and regulation 4(3) of S.R. 1996 No. 95
S.R. 1991 No. 39, amended by S.R. 1994 No. 300
Regulation 4(2) was amended by paragraph 28(5) of Schedule 2 to S.R. 1994 No. 300
Regulation 5(2) was amended by paragraph 28(6) of Schedule 2 to S.R. 1994 No. 300
S.R. 1996 No. 94, to which there are amendments not relevant to these Regulations
S.R. 1996 No. 493; relevant amending regulations are S.R. 1997 No. 160, S.R. 1997 No. 162, S.R. 1998 No. 208, S.R. 2000 No. 336, S.R. 2002 No. 109 and S.I. 2002/681. See also Schedule 2 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999
Paragraph (1) was numbered as such by regulation 2(8) of S.R. 2002 No. 109 and amended by regulation 2(3) of S.R. 2000 No. 336
Section 8B was inserted by Article 133(5) of the Pensions (Northern Ireland) Order 1995 and amended by regulation 2 of S.R. 1997 No. 162
Paragraph (3A) was inserted by regulation 3(3) of S.R. 1997 No. 162
Regulation 50A was inserted by regulation 5 of S.R. 1998 No. 208
Regulation 55(1) was amended by paragraph 5(11) of the Schedule to S.R. 1997 No. 160
Regulation 63 was amended by regulation 2(15) of S.R. 2002 No. 109
S.R. 1996 No. 509, to which there are amendments not relevant to these Regulations
S.R. 1996 No. 618, to which there are amendments not relevant to these Regulations
S.R. 1997 No. 56; relevant amending regulations are S.R. 2002 No. 109, S.R. 2003 No. 256 and S.R. 2005 No. 170
Paragraph (2)(b) was substituted by regulation 5(2) of S.R. 2002 No. 109
Regulation 5 was substituted by regulation 5(3) of S.R. 2002 No. 109
The heading to regulation 11 was amended and paragraph (1) numbered as such and amended by regulation 10 of S.R. 2003 No. 256
Regulation 12 was amended by regulation 5(6) of S.R. 2002 No. 109 and regulation 11 of S.R. 2005 No. 170
Regulation 13 was amended by regulation 5(7) of S.R. 2002 No. 109
S.R. 1997 No. 97; regulation 6 was substituted by regulation 12 of S.R. 1999 No. 486 and amended by regulation 6 of S.R. 2002 No. 109
S.R. 1997 No. 139; regulation 6A was inserted by regulation 7 of S.R. 2002 No. 109
S.R. 1997 No. 159; relevant amending regulations are S.R. 2005 No. 170
Paragraph (3) was amended by regulation 13(a) of S.R. 2005 No. 170