SCHEDULES

SCHEDULE 4Effect of extension of marriage: further provision

PART 6Occupational pensions and survivor benefits

Pension Schemes Act 1993

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F11

Section 24D (survivors' benefits) is amended as follows.

2

Subsection (2): after “earner” insert “ is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner ”.

3

Subsection (3)—

a

after “earner” insert “ is a married woman (other than in a relevant gender change case), a man married to a man, or a civil partner, and the earner ”;

b

after “widower” insert “ , widow ”.

4

After subsection (3) insert—

4

In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—

a

the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

b

the marriage of the earner and her widow (that ends with the earner's death) subsisted before the time when the certificate was issued.

5

This section is subject to regulations under section 38A.