[F1Continuation of marriage where Scheme member acquires new legal genderE+W+S
2C.—(1) Where—
(a)a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
(b)at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widow is to be treated for the purpose of these Regulations as if the certificate had not been issued.
(2) Where—
(a)a deceased Scheme member was a man by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
(b)at the time of the member’s death, he was married to a man and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widower is to be treated for the purpose of these Regulations as if the certificate had not been issued.]
Textual Amendments