The Police Pensions Amendment (Scotland) Regulations 2006

10.  In regulation J1 (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act)–

(a) in paragraph (4) after “remarries or has remarried” insert “or forms a civil partnership”;

(b) in paragraph (4)(b) after “as husband and wife” insert “or during which she lives with another woman as if they were civil partners”;

(c) in paragraph (4A) after “remarries or has remarried” insert “or forms a civil partnership”;

(d) in paragraph (4A)(b) after “as husband and wife” insert “or during which he lives with another man as if they were civil partners”;

(e) after paragraph (4A) insert the following paragraph–

“(4B) In a case to which this regulation applies, where the regular policeman dies or has died on or after 5th December 2005 leaving a civil partner then, unless any pension to which he has been entitled has been forfeited under regulation K5(2), that surviving civil partner shall be entitled to a pension of a weekly amount equal to one-half of that part of the policeman’s guaranteed minimum which is attributable to earnings factors for the tax year, 1988-89 and subsequent tax years increased in accordance with regulation E9 (increase by reference to the Pensions (Increase) (Acts)) but that entitlement shall cease if he marries, remarries or has married or remarried or forms a civil partnership before attaining the age of 65 years and no payment shall be made on account of the pension–

(a) in respect of any period for which the amount of any pension payable to him under Part C exceeds the pension which, disregarding this sub-paragraph, would be payable hereunder, or

(b) in respect of any period before he attains the age of 65 years during which he and another person to whom he is not married and with whom he has not formed a civil partnership are living together as husband and wife or as if they were civil partners.”;

(f) after paragraph (5A) insert the following paragraph–

“(5B) Where a surviving civil partner is entitled to a pension under paragraph (4B) then, in respect of any period in respect of which a payment is made on account of that pension, no payment shall be made on account of any pension payable to him under Part C.”