The Local Government Pension Scheme (Amendment) Regulations 2019

Amendment of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014

2.—(1) Regulation 17 of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014(1) (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.”.

(1)

S.I. 2014/525. Regulation 17 was amended by S.I. 2018/1366.