Civil Partnership Act 2004

Pension sharing orders

11 (1) A pension sharing order is an order which—

(a) provides that one civil partner's—

(i) shareable rights under a specified pension arrangement, or

(ii) shareable state scheme rights,

are to be subject to pension sharing for the benefit of the other civil partner, and

(b) specifies the percentage value to be transferred.

(2) Shareable rights under a pension arrangement are rights in relation to which pension sharing is available under—

(a) Chapter 1 of Part 5 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), or

(b) Chapter 1 of Part 4 of the Welfare Reform and Pensions Act 1999 (c. 30).

(3) Shareable state scheme rights are rights in relation to which pension sharing is available under—

(a) Chapter 2 of Part 5 of the 1999 Order, or

(b) Chapter 2 of Part 4 of the 1999 Act.

(4) In this Part “pension arrangement” means—

(a) an occupational pension scheme,

(b) a personal pension scheme,

(c) a retirement annuity contract,

(d) an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under—

(i) an occupational pension scheme, or

(ii) a personal pension scheme, and

(e) an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under—

(i) Article 26(1)(b) of the 1999 Order, or

(ii) section 29(1)(b) of the 1999 Act.

(5) In sub-paragraph (4)—

• “occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c. 49);

• “personal pension scheme” has the same meaning as in the 1993 Act;

• “retirement annuity contract” means a contract or scheme approved under Chapter 3 of Part 14 of the Income and Corporation Taxes Act 1988 (c. 1).