Public service pension schemes: general
11.—(1) The public service pension schemes referred to in the second column of the table at sub-paragraph (2) are amended in accordance with columns 3 and 4 of that table.
(2) The table referred to in sub-paragraph (1) is as set out below.
Entry | Pension Scheme | First set of amendments | Second set of amendments |
---|---|---|---|
1 | The Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England(1). | In paragraph 1 of Part 3 of Schedule 1 (marriage of a same sex couple), for “In” at the beginning of sub-paragraph (1) substitute “Subject to paragraph 3, in”. | After paragraph 2 (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “3” and with the words “these Regulations” substituted by “this Scheme”. |
2 | The Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales(2). | In paragraph 1 of Part 3 of Schedule 1 (marriage of a same sex couple), for “In” at the beginning of sub-paragraph (1) substitute “Subject to paragraph 3, in”. | After paragraph 2 (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “3” and with the words “these Regulations” substituted by “this Scheme”. |
3 | The Local Government Pension Scheme Regulations 1997(3). | In regulation 42B (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to regulation 42D, in”. | After regulation 42C (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “42D”. |
4 | The Teachers’ Pension Regulations 2010(4). | In regulation 2A (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to regulation 2C, in”. | After regulation 2B (living together as a same sex couple) insert the provision made by sub-paragraph (4) with the number “1” substituted by the number “2C”. |
5 | The Royal Mail Statutory Pension Scheme(5). | In rule 2A (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to Rule 2C, in”. | After Rule 2B (living together as a same sex couple) insert the provision made by sub-paragraph (4) with the number “1” substituted by the number “2C” and with the words “these Regulations” in both places they occur substituted by “this Scheme”. |
(3) The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 1 to 3 of the table is—
“Continuation of marriage where Scheme member acquires new legal gender
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(6), 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 purposes of these Regulations as if the certificate had not been issued.”.
(4) The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 4 and 5 of the table is—
“Continuation of marriage where Scheme member acquires new legal gender
1.—(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.”.
The Scheme is in Schedule 2 to S.I. 1992/129. Paragraphs 1 and 2 were inserted into Part 3 of Schedule 1 to the Scheme by S.I. 2014/560. There are other amendments to Schedule 1 to the Scheme not relevant to this Order. The name of the Scheme was changed to the Firefighters’ Pension Scheme by S.I. 2004/2306. By virtue of S.I. 2006/3432, subject to certain savings, the Scheme has no effect in relation to any person who takes up employment with an English fire and rescue authority on or after 6th April 2006.
The Scheme is in Schedule 2 to S.I. 1992/129. Paragraphs 1 and 2 were inserted into Part 3 of Schedule 1 to the Scheme by S.I. 2014/560. There are other amendments to Schedule 1 to the Scheme not relevant to this Order. The name of the Scheme was changed to the Firefighters’ Pension (Wales) Scheme by S.I. 2004/2918 (W. 257). By virtue of S.I. 2007/1072 (W. 110), subject to certain savings, the Scheme has no effect in relation to any person who takes up employment with a Welsh fire and rescue authority on or after 6th April 2006.
S.I. 1997/1612; these Regulations were revoked with savings by S.I. 2008/238 and continue to have effect in respect of deferred and pensioner members of the scheme constituted by them. Regulations 42B and 42C were inserted by S.I. 2014/560.
S.I. 2010/990. Regulations 2A and 2B were inserted by S.I. 2014/560.
The scheme rules are in Schedule 1 to S.I. 2012/687. Rules 2A and 2B were inserted by S.I. 2014/560.