SCHEDULES

SCHEDULE 4Effect of extension of marriage: further provision

PART 6Occupational pensions and survivor benefits

Benefits dependent on marriage of same sex couples

17

(1)

Paragraph 18 of Schedule 9 to the Equality Act 2010 (work: exceptions) is amended as follows.

(2)

Sub-paragraph (1): for “married” substitute “ within sub-paragraph (1A) ”.

(3)

After sub-paragraph (1) insert—

“(1A)

A person is within this sub-paragraph if the person is—

(a)

a man who is married to a woman, or

(b)

a woman who is married to a man, or

(c)

married to a person of the same sex in a relevant gender change case.

(1B)

The reference in sub-paragraph (1A)(c) to a relevant gender change case is a reference to a case where—

(a)

the married couple were of the opposite sex at the time of their marriage, and

(b)

a full gender recognition certificate has been issued to one of the couple under the Gender Recognition Act 2004.”.