PART 6Amendments: Pensions and Social Security: Primary Legislation
District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 196056
1
The District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 196076 is amended as follows.
2
In the section 4A inserted by the Personal Pension Option (No. 1) Regulations (Northern Ireland) 198977, after “widow’s” insert “, widower’s”.
3
In section 578 (widows’, widowers’ and surviving civil partners’ pensions), after subsection (1) insert—
1A
A surviving civil partner’s pension may not be granted in respect of a person’s service if—
a
the person retired from relevant service before 13th January 2020, and
b
power to grant the pension relies on the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019.
4
In section 6(4)79 (no children’s pension for daughters who are married or for children who are civil partners), omit “female” in both places it occurs.
5
The amendment made by paragraph (4) applies only where the death of the deceased occurs on or after 13th January 2020.
6
In section 1280 (power to make rules for part-surrender of pension in return for pension for wife or dependants)—
a
in subsections (1) and (2), for “wife”, in each place it occurs, substitute “spouse or civil partner”,
b
in subsection (3), after “widow’s” insert “, widower’s, surviving civil partner’s”, and
c
after subsection (3) insert—
3A
Rules under this section, or section 13, may make different provision for different purposes.
7
In section 13 (further power to make rules for part-surrender of pension in return for pension for wife)—
a
in subsection (1)—
i
after “married” insert “or formed a civil partnership”,
ii
after “marriage” insert “or of the formation of the civil partnership”, and
iii
for “wife” substitute “spouse or civil partner”, and
b
in subsection (3)—
i
for “wives”, in both places it occurs, substitute “spouses and civil partners”, and
ii
after “marriage” insert “or of the formation of the civil partnership”.
8
In Part 2 of Schedule 281 (surviving civil partners’ pensions: transitional provision), in paragraph 5, in the definition of “relevant date”, after “2005” insert “, but means 12th January 2020 in relation to a civil partnership formed between two people not of the same sex”.