The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005

Article 2(1)

SCHEDULE 1 Amendment of legislation relating to pension sharing on divorce

Pensions on Divorce etc. (Provision of Information) Regulations

1.—(1) The Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000(1) shall be amended in accordance with sub-paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation)—

(a) in the definition of “notice of discharge of liability”, after “former spouse” there shall be inserted “or former civil partner”;

(b) in the definition of “notice of implementation”, after “former spouse” there shall be inserted “or former civil partner”.

(3) In regulation 2 (basic information about pensions on divorce)—

(a) in the heading, at the end there shall be added “or dissolution of a civil partnership”;

(b) in paragraph (1), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(c) in paragraph (6)—

(i) in sub-paragraph (b), after “spouse” there shall be inserted “or civil partner”, and

(ii) after “his spouse,” there shall be inserted “civil partner,”.

(4) In regulation 3 (information about pensions on divorce: valuation of pension benefits)—

(a) in the heading, after “on divorce” there shall be inserted “and dissolution of a civil partnership”;

(b) in paragraph (1), for “Article 21(1)(a)(i) or (ii)” there shall be substituted “Article 21(1)(a)(i), (ia)(2) or (ii)”.

(5) In regulation 10(5)(a) (provision of information after receipt of an earmarking order), after “divorce” there shall be inserted “or dissolution of a civil partnership”.

Pensions on Divorce etc. (Charging) Regulations

2.—(1) The Pensions on Divorce etc. (Charging) Regulations (Northern Ireland) 2000(3) shall be amended in accordance with sub-paragraphs (2) and (3).

(2) In regulation 2 (general requirements as to charges)—

(a) in paragraph (1)(a)(i), after “divorce” there shall be inserted “or dissolution of a civil partnership”;

(b) in paragraph (2), for “his spouse” (in each place where it occurs) there shall be substituted “the member’s spouse or civil partner”;

(c) in paragraph (8)(4)—

(i) for “his spouse” (where it first occurs), there shall be substituted “the member’s spouse or civil partner”, and

(ii) in sub-paragraph (a), for “his spouse” there shall be substituted “the member’s spouse, civil partner”.

(3) In regulation 6(2)(b) (additional amounts recoverable in respect of pension sharing activity), for “his spouse” there shall be substituted “the member’s spouse or civil partner”.

Pension Sharing (Valuation) Regulations

3.  In regulation 2(1)(b) of the Pension Sharing (Valuation) Regulations (Northern Ireland) 2000(5) (rights under a pension arrangement which are not shareable), after “by virtue of being the widow, widower” there shall be inserted “, surviving civil partner”.

Pension Sharing (Implementation and Discharge of Liability) Regulations

4.  In regulation 15(2)(b) of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000(6) (disqualification as a destination for pension credit – annuity contracts and insurance policies), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

Pension Sharing (Pension Credit Benefit) Regulations

5.  In regulation 15(2)(a) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000(7) (further conditions on which liability may be discharged), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

Pension Sharing (Safeguarded Rights) Regulations

6.—(1) The Pension Sharing (Safeguarded Rights) Regulations (Northern Ireland) 2000(8) shall be amended in accordance with sub-paragraphs (2) and (3).

(2) In regulation 6 (ways of giving effect to safeguarded rights – money purchase schemes)—

(a) in paragraph (2)—

(i) in sub-paragraph (a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

(ii) in sub-paragraph (b), after “widower,” there shall be inserted “surviving civil partner,”;

(b) in paragraph (9)(a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

(3) In regulation 9(8)(a) (ways of giving effect to safeguarded rights – salary related schemes), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations

7.—(1) The Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations (Northern Ireland) 2000(9) shall be amended in accordance with sub-paragraphs (2) and (3).

(2) In regulation 2 (basic information about the sharing of state scheme rights for the purposes of divorce, etc.)—

(a) in the heading, after “divorce” there shall be inserted “or dissolution of a civil partnership”;

(b) in paragraph (1)(b), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(c) in paragraph (3)(c), after “spouse” there shall be inserted “or civil partner”;

(d) in paragraph (5)—

(i) in sub-paragraph (b), after “the spouse” there shall be inserted “or civil partner”, and

(ii) after “his spouse,” there shall be inserted “civil partner,”.

(3) In regulation 3 (information about the sharing of state scheme rights for the purposes of divorce, etc: valuation of shareable state scheme rights), in the heading, after “divorce” there shall be inserted “or dissolution of a civil partnership”.

(1)

S.R. 2000 No. 142; to which there are amendments not relevant to this Order

(2)

Sub-paragraph (a)(ia) is inserted by paragraph 108(2) of Schedule 29 to the Civil Partnership Act 2004

(3)

S.R. 2000 No. 143; relevant amending Regulations are S.R. 2000 No. 335

(4)

Paragraph (8) was substituted by regulation 9(3) of S.R. 2000 No. 335

(5)

S.R. 2000 No. 144

(6)

S.R. 2000 No. 145

(7)

S.R. 2000 No. 146

(8)

S.R. 2000 No. 147

(9)

S.R. 2000 No. 362