The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005

Amendment of the Compensation Regulations

9.—(1) The Compensation Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (2) of regulation 1—

(a) after the definition of “qualifying course”, insert—

““the register” means the system for keeping records provided under section 30(2) of the Civil Partnership Act 2004(1) (the Registrar General and the register);

“relevant partner” means a person of either sex who was not married to, or in a civil partnership with, the member and who was living with the member as if that person and the member were husband and wife; and for the purposes of these Regulations, two adults of the same sex are to be regarded as living together as husband and wife if, but only if, they would be regarded as living together as husband and wife were they instead two adults of opposite sex;”; and

(b) after the definition of “transferor”, omit the definition of “relevant partner”.

(3) In regulation 3 (circumstances where a widow or widower is not entitled to periodic compensation), for “where there is no provision to pay a survivor’s pension under the admissible rules of the scheme.”, substitute—

• “where there is—

  (a)

  a valid nomination made by the member in accordance with either—

  (i)

  the admissible rules of the scheme; or

  (ii)

  ii)regulation 4(2)(a),

  to pay a survivor’s pension to a relevant partner; or

  (b)

  no provision to a pay a survivor’s pension under the admissible rules of the scheme.”.

(4) In regulation 4 (compensation for surviving dependants)—

(a) in paragraph (2), for “In the case of a relevant partner”, substitute “Subject to paragraph (2A), in the case of a relevant partner”; and

(b) after paragraph (2), insert—

“(2A) No compensation may be paid under paragraph (2) where the member had a civil partner, or a spouse, at the date of his death, and there is no valid nomination in favour of the relevant partner.

(2B) Subject to paragraph (2C), in the case of a civil partner, the circumstances are—

(a) where there is provision to pay a survivor’s pension to a civil partner or spouse of the member under the admissible rules of the scheme (whether discretionary or otherwise);

(b) the surviving civil partner has provided the Board, or during the assessment period the trustees or managers of the eligible scheme, with a certified copy of the entry in the register relating to the civil partnership; and

(c) the civil partnership was still in existence at the date of the member’s death.

(2C) No compensation may be paid under paragraph (2B) where there is a valid nomination made by the member in accordance with either—

(a) the admissible rules of the scheme; or

(b) regulation 4(2)(a),

to pay a survivor’s pension to a relevant partner.”.

(5) In regulation 5(2) (amount and duration of periodic compensation in the case of relevant partners), after “compensation is payable to a relevant partner”, insert “or civil partner,”.

(6) In paragraphs (2) and (3) of regulation 6 (amount of periodic compensation that can be paid in the case of surviving dependants), for “surviving spouse or relevant partner”, substitute “surviving spouse, relevant partner or civil partner”.

(7) In regulation 7 (period of payment), for “25”, in each place it occurs, substitute “23”.

(1)

2004 c. 33.

(2)

Regulation 5(b) was amended by regulation 2 of S.I. 2005/993.