26. The Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997(1) are amended in accordance with paragraphs 27 to 35.
Commencement Information
I1Sch. 2 para. 26 in operation at 5.12.2005, see art. 1(3)
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;”.
Commencement Information
I2Sch. 2 para. 27 in operation at 5.12.2005, see art. 1(3)
28. In regulation 4 (conditions applying to pensions and annuities which give effect to protected rights)—
(a)in paragraph (2)(b)(2)—
(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”.
Commencement Information
I3Sch. 2 para. 28 in operation at 5.12.2005, see art. 1(3)
29. In regulation 5(3) (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.”.
Commencement Information
I4Sch. 2 para. 29 in operation at 5.12.2005, see art. 1(3)
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”.
Commencement Information
I5Sch. 2 para. 30 in operation at 5.12.2005, see art. 1(3)
31. In regulation 11(1)(b)(4) (insurers that may provide protected rights by way of annuities) after “marital” there shall be inserted “or civil partnership”.
Commencement Information
I6Sch. 2 para. 31 in operation at 5.12.2005, see art. 1(3)
32. In regulation 12(5) (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
I7Sch. 2 para. 32 in operation at 5.12.2005, see art. 1(3)
33. In regulation 13(6) (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”.
Commencement Information
I8Sch. 2 para. 33 in operation at 5.12.2005, see art. 1(3)
34. In regulation 14 (enforceable entitlement after death of member) after “widower” there shall be inserted “, surviving civil partner”.
Commencement Information
I9Sch. 2 para. 34 in operation at 5.12.2005, see art. 1(3)
35. In regulation 15 (further requirements in respect of giving effect to protected rights) after “marital” there shall be inserted “or civil partnership”.
Commencement Information
I10Sch. 2 para. 35 in operation at 5.12.2005, see art. 1(3)
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