2019 No. 1449
The Local Government Pension Scheme (Amendment) Regulations 2019
Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1, 2(1) and 3 of, and paragraph 3(a) of Schedule 2 and paragraph 3 of Schedule 3 to, the Public Service Pensions Act 20131.
In accordance with section 21 of that Act, the Secretary of State has consulted such persons, and the representatives of such persons, as appeared to the Secretary of State to be likely to be affected by these Regulations.
In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.
Citation and commencement1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2019.
2
These Regulations come into force on 31st December 2019.
Amendment of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 20142
1
Regulation 17 of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 20142 (survivor benefits) is amended in accordance with paragraphs (2) to (6).
2
In paragraph (9)(c), for “surviving civil partner”, substitute “surviving same-sex civil partner”.
3
After paragraph (9)(c), insert—
ca
any calculation of the survivor pension payable under the Earlier Regulations to a person who is the surviving opposite-sex civil partner of a member is to be on the basis that the survivor is a widow or widower, depending on their sex;
4
After paragraph (11)(d), insert—
, or
e
the male survivor of a female—
i
deferred member,
ii
deferred pensioner member, or
iii
pensioner member,
where the survivor was in an opposite-sex civil partnership with the member which was formed after the member’s active membership ceased.
5
In paragraph (12)—
a
in paragraph (a), for “civil partnership”, substitute “same-sex civil partnership”;
b
after paragraph (b), insert—
, or
c
a male deferred member, deferred pensioner member or pensioner member enters into an opposite-sex civil partnership and dies leaving a female survivor.
6
For paragraph (17), substitute—
17
In this regulation—
“opposite-sex civil partnership” means a civil partnership formed between two persons who are not of the same sex;
“same-sex civil partnership” means a civil partnership formed between two persons who are of the same sex;
“surviving same-sex civil partner of a member” means a person who, at the time of a member’s death, was in a civil partnership with the member and was of the same sex as the member;
“surviving opposite-sex civil partner of a member” means a person who, at the time of a member’s death, was in a civil partnership with the member and was of the opposite sex to the member; and
“surviving spouse of a same sex marriage with a member” means a person who, at the time of a member’s death, was married to the member and was of the same sex as the member.
We consent to the making of these Regulations
Signed by authority of the Secretary of State for Housing, Communities and Local Government
(This note is not part of the Regulations)