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3.—(1) In the heading to rule 7 (pensions for spouses and children), after “spouses” insert “, civil partners”.
(2) In rule 7.1 (spouse’s pension), after “remarries” insert “or forms a civil partnership”.
(3) In rule 7.5 (children’s pension)—
(a)after “adopted by the Member” insert “, and any other children of the Member’s civil partner to whom a children’s pension must be paid in order to comply with regulation 9A(1) of the Employment Equality (Sexual Orientation) Regulations 2003(1) and with any applicable enactment or subordinate legislation in relation to pensions for the surviving dependants of deceased civil partners”, and
(b)at the end insert—
“A children’s pension will be paid to the child of a Member’s civil partner, where that child is not the Member’s child or step-child, only to the extent required in order to comply with regulation 9A(1) of the Employment Equality (Sexual Orientation) Regulations 2003 and with any applicable enactment or subordinate legislation in relation to pensions for the surviving dependants of deceased civil partners.”.
(4) After rule 7.5 insert—
If a Member dies leaving a surviving civil partner, all references in rule 7.1 to 7.5 to a spouse or surviving spouse are to be treated as references to a civil partner or surviving civil partner (and all references to a spouse’s pension are to be treated as references to a civil partner’s pension), to the extent required in order to comply with regulation 9A(1) of the Employment Equality (Sexual Orientation) Regulations 2003 and with any applicable enactment or subordinate legislation in relation to pensions for the surviving civil partners of deceased civil partners. The reference in rule 7.1 to the marriage is to be treated as a reference to the formation of the civil partnership, and the reference in rule 7.1 to the surviving spouse remarrying or forming a civil partnership is to be treated as a reference to the surviving civil partner marrying or forming a further civil partnership.”.
(5) In rule 12.3 (benefits not assignable), after “spouse” insert “or civil partner”.
(6) In the heading to rule 12.9 (pension sharing on divorce), after “divorce” insert “etc.”.
(7) In rule 12.9.3(ii), after “new spouse” insert “or civil partner”.
(8) In rule 12.9.4, after “surviving spouse” insert “or civil partner”.
(9) After rule 12.9.4 insert—
If a pension sharing order is made in respect of a Member’s civil partner all references in rule 12.9.1 to 12.9.4 to a former spouse are to be treated as references to the Member’s former civil partner.”.
S.I. 2003/1661 as amended by S.I. 2003/2827. Regulation 9A is subject to an exception in regulation 25, which is amended by S.I. 2005/2114, Schedule 17, paragraph 7(3).
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