The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014

Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011

22.—(1) The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011(1) are amended as follows.

(2) In Schedule 1, in Part D (death benefits)—

(a) for rule D.3(4)(b) substitute—

“(b) the member was—

(i) a man and was married to a woman whom he leaves a widow; or

(ii) a woman married to a woman in a relevant gender change case whom she leaves a widow.”, and

(b) after rule D.3(7) insert—

“(8) In this rule, “relevant gender change case” means a case where—

(a) a deceased woman 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 her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued.”.

(3) In Schedule 2, in Part C (death benefits), for rules C.2(4) and (5) substitute—

“(4) Condition B is that the deceased person—

(a) was—

(i) a man; or

(ii) a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;

(b) was in service on or after 31st March 1973;

(c) was married to a woman and that marriage—

(i) took place before the deceased person ceased service; and

(ii) in the case of a deceased person falling within sub-paragraph (a)(ii), subsisted before the time when the certificate was issued; and

(d) died leaving her a widow.

(5) Condition C is that the deceased person—

(a) was—

(i) a man; or

(ii) a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;

(b) was in service on or after 6th April 1978;

(c) married a woman—

(i) after leaving service; and

(ii) in the case of a deceased person falling within sub-paragraph (a)(ii), the marriage subsisted before the time when the certificate was issued; and

(d) died leaving her a widow.”.

(1)

These regulations are not statutory instruments. Copies can be found at www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. Hard copies can be obtained from CDP-Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB. These regulations were amended by S.I. 2014/107.