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8.—(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 and was 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.”.
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.
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