SCHEDULE 2 N.I.Amendments of provisions of Regulations relating to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners

PART 7 N.I.

32.  In regulation 12(1) (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.”.

Commencement Information

I1 Sch. 2 para. 32 in operation at 5.12.2005, see art. 1(3)

(1)

Regulation 12 was amended by regulation 5(6) of S.R. 2002 No. 109 and regulation 11 of S.R. 2005 No. 170