The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 No. 434

SCHEDULE Amendment of provisions of Acts and Orders relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners

PART 3 Amendment of the Pension Schemes (Northern Ireland) Act 1993

11.  The Pension Schemes (Northern Ireland) Act 1993(1) is amended as follows.

12.  In section 66(1) (interpretation: Part IV), in the definition of “long service benefit”, for “wife or husband, widow or widower” there shall be substituted “wife, husband, civil partner, widow, widower or surviving civil partner”.

13.  In section 80(5)(2) (basis of revaluation), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

14.  In section 92(3)(a)(3) (further provisions concerning exercise of option under section 91), for “widow’s or, as the case may be, widower's” there shall be substituted “widow's, widower’s or surviving civil partner’s (as the case may be)”.

15.  In section 109(2)(b) (disclosure of information about schemes to members, etc.), after “spouses” there shall be inserted “or civil partners”.

16.  In section 125(3)(e) (overriding requirements)—

(a) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”;

(b) in sub-paragraph (i) for “widow or widower married” there shall be substituted “widow, widower or surviving civil partner married or, as the case may be, formed a civil partnership”; and

(c) in sub-paragraphs (ii) and (iii) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

17.  In section 142(7)(b) (functions of the Pensions Ombudsman), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

18.  In section 155A(2)(a)(i)(4) (no forfeiture on bankruptcy of rights under personal pension schemes), after “rights on divorce etc.” there shall be inserted “or on dissolution etc. of a civil partnership”.

19.  In section 176(1) (general interpretation), in the definition of “money purchase benefits”, for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

20.  In Schedule 2 (methods of revaluing accrued pension benefits), in paragraph 1(1)(a) (the final salary method) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

(1)

1993 c. 49

(2)

Section 80(5) was amended by paragraph 52 of Schedule 3 to the Pensions (Northern Ireland) Order 1995 and Article 258 of the Pensions (Northern Ireland) Order 2005

(3)

Section 92(3)(a) was amended by paragraph 53(b) of Schedule 3 to the Pensions (Northern Ireland) Order 1995

(4)

Section 155A was inserted by Article 14(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999