SCHEDULEAmendment of provisions of Acts and Orders relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners
PART 1Amendment of the Contributions and Benefits Act
6
In Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred)—
a
in paragraph A1(4)9, for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”;
b
in paragraph 2(5)(a)10, for “paragraph 4, 5, 5A or 6” there shall be substituted “paragraph 4, 5, 5A, 6 or 6A”;
c
in paragraph 2A11, for “paragraphs 5 to 6” (in each place where it occurs) there shall be substituted “paragraphs 5 to 6A”;
d
in paragraph 3B(5)(b)(i)12, for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”;
e
in paragraph 3C13—
i
in the heading, after “deceased spouse” there shall be inserted “or civil partner”,
ii
in sub-paragraph (1)(a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”,
iii
in sub-paragraph (1)(b)—
aa
after “married to” there shall be inserted “or was the civil partner of”, and
bb
after “marriage” there shall be inserted “or civil partnership”,
iv
in sub-paragraph (5)—
aa
for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”, and
bb
after “deceased spouse” there shall be inserted “or civil partner”;
f
in paragraph 4—
i
in the heading, after “deceased spouse” there shall be inserted “or civil partner”,
ii
in sub-paragraph (1)14—
aa
for “widow or widower” (in each place where it occurs) there shall be substituted “widow, widower or surviving civil partner”,
bb
after “married to” there shall be inserted “or was the civil partner of”, and
cc
after “other party to the marriage” there shall be inserted “or civil partnership”,
iii
in sub-paragraph (1A)15, for “paragraphs 5 to 6” (in each place where it occurs) there shall be substituted “paragraphs 5 to 6A”,
iv
in sub-paragraph (3)—
aa
before “, the rate” there shall be inserted “or a civil partner dies on or after 5th December 2005”,
bb
for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and
cc
in paragraph (a), after “deceased spouse” there shall be inserted “or civil partner”,
v
in sub-paragraph (4), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;
g
in paragraph 516—
i
in sub-paragraph (1)(a)—
aa
for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”,
bb
after “married to” there shall be inserted “or was the civil partner of”, and
cc
after “marriage” there shall be inserted “or civil partnership”,
ii
in sub-paragraph (2)—
aa
at the end of paragraph (a) “and” shall be omitted, and
bb
at the end of paragraph (b) there shall be inserted—
, and
c
where W is a surviving civil partner, an amount equal to the sum of the amounts set out in paragraph 6A(2) below
h
after paragraph 617 there shall be inserted the following paragraph—
6A
1
This paragraph applies where W (referred to in paragraph 5 above) is a surviving civil partner.
2
The amounts referred to in paragraph 5(2)(c) above are the following—
a
one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
b
one-half of the appropriate amount after it has been reduced by the amount of any increases under section 105 of the Pensions Act, and
c
one-half of any increase to which the deceased civil partner had been entitled under paragraph 5 above.
i
in paragraph 7—
i
in sub-paragraph (1)18—
aa
for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”, and
bb
in paragraph (b) after “surviving spouse” there shall be inserted “or civil partner”,
ii
in sub-paragraph (2)19 for “paragraph 5, 5A or 6” there shall be substituted “paragraph 5, 5A, 6 or 6A”;
j
in paragraph 7A20—
i
in the heading, after “deceased spouse” there shall be inserted “or civil partner”, and
ii
in sub-paragraph (2) after “widowed person's” there shall be inserted “or surviving civil partner's”;
k
in paragraph 7B21—
i
in the heading, and in sub-paragraphs (1) and (5), after “widowed person's” there shall be inserted “or surviving civil partner's”,
ii
in sub-paragraph (2) after “other party to the marriage” there shall be inserted “or civil partnership”, and
iii
in sub-paragraph (5)(b)(i) for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”;