The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005

• Citation: S.I. 2005/2050
• Sections: 71

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005.

(2) In this Order—

(a) paragraphs 4 and 7 of Schedule 1 shall come into force, for the purposes only of making regulations under section 21(1) of the Pension Schemes Act 1993 ;

(b) paragraph 9 of Schedule 1 shall come into force, for the purposes only of making regulations under section 28(5) of the Pension Schemes Act 1993; and

(c) paragraph 10 of Schedule 1 shall come into force, for the purposes only of making regulations under section 28A(5)(a) of the Pension Schemes Act 1993,

on the day following that on which this Order is made.

(3) Subject to paragraph (2), this Order shall come into force on 5th December 2005.

(4) This Order extends to England and Wales and Scotland.

Section 2 Amendment of legislation

(1) Schedule 1, which contains amendments of provisions of the Pension Schemes Act 1993 which relate to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners, shall have effect.

(2) Schedule 2, which contains amendments of provisions of the Regulations specified in the headings to each Part of that Schedule which relate to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners, shall have effect.

Section 1

In section 8 (meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”), in subsection (2), in the definition of “guaranteed minimum pension”, for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 2

In section 12A (the statutory standard) , in subsections (1) and (2)(b), for “widows or widowers” substitute “widows, widowers or surviving civil partners”.

Section 3

In section 12B (reference scheme) , in subsection (4), for “widows or widowers” (in each place) substitute “widows, widowers or surviving civil partners”.

Section 4

Amend section 17 (minimum pensions for widows and widowers) as follows—

(a) in subsection (1), for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”;

(b) in subsection (2), after paragraph (b) add the following paragraph—

(c) if the earner is a person who has a guaranteed minimum under that section, the weekly rate of the surviving civil partner’s pension will not be less than the surviving civil partner’s guaranteed minimum.

(c) in subsection (4), after “widower's” insert “or surviving civil partner's”;

(d) in subsection (4A)—

(i) at the beginning insert “Subject to subsection (4B)”;

(ii) for “widow or widower's” substitute “widow's, widower’s or surviving civil partner's”;

(iii) for “widow or widower” (in each place, other than sub-paragraphs (i) and (ii) of paragraph (c)) substitute “widow, widower or surviving civil partner”;

(iv) for sub-paragraphs (i) and (ii) of paragraph (c) substitute the following sub-paragraphs—

(i) comprises a period during which the widow, widower or surviving civil partner and—

(a) a person of the opposite sex are living together as husband and wife; or

(b) a person of the same sex are living together as if they were civil partners; nor

(ii) falls after the time of any—

(a) marriage; or

(b) formation of a civil partnership,

by the widow or widower or surviving civil partner which takes place after the earner’s death.

(e) after subsection (4A), insert the following subsection—

(4B) Sub-paragraphs (i)(b) and (ii)(b) of subsection (4A)(c) do not apply where the earner dies before 5th December 2005.

(f) in subsection (6), for “widower’s pension to be payable to him” substitute “widower’s or surviving civil partner’s pension to be payable”;

(g) in subsection (7), for “widowers or widows” substitute “widows, widowers or surviving civil partners”;

(h) after subsection (8) add the following subsection—

(9) For the purposes of subsection (4A), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Section 5

In section 19 (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts), in subsection (5)(a)(i) and (ii), for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 6

In section 20 (transfer of accrued rights), in subsection (6), for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 7

In section 21 (commutation, surrender and forfeiture), in subsection (2), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 8

In section 23 (securing of benefits) , in subsection (3)(b), for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 9

Amend section 28 (ways of giving effect to protected rights) as follows—

(a) in subsection (3)(b) for “widow or widower” substitute “widow, widower or surviving civil partner”;

(b) in subsection (4B) , for “a married person” substitute “married or a civil partner”;

(c) in subsection (8), in the definition of “the termination date”—

(i) for “widow or widower” substitute “widow, widower or surviving civil partner”; and

(ii) for “widow or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 10

In section 28A (requirements for interim arrangements) , in subsections (1), (2) and (5)(b)(ii), for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 11

In section 29 (the pension and annuity requirements), in subsection (1)(b) (in each place) and subsections (3)(b) and (4) , for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 12

In section 37 (alteration of rules of contracted-out schemes) , in subsection (4), after “widower” insert “or surviving civil partner”.

Section 13

In section 38 (alteration of rules of appropriate schemes), in subsection (2)—

(a) after “apply” insert “(a)”; and

(b) after “prescribed description” insert “; or (b) where the rules of the relevant scheme are altered to make provision for pensions for surviving civil partners”.

Section 14

Amend section 47 (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 46) as follows—

(a) in subsection (1) , after “widower” insert “or surviving civil partner”;

(b) in subsection (3)—

(i) for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”; and

(ii) for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 15

In section 48 (reduced benefits where minimum payments or minimum contributions paid), in subsection (2)(c) , for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 16

In section 55 (payment of state scheme premiums on termination of certified status), in subsection (2A)(c) , for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 17

In section 60 (effect of payment of premium on rights), in subsection (5) , for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 18

Amend section 87 (general protection principle) as follows—

(a) in subsection (2)(c), for “widow or widower, the widow’s or, as the case may be, the widower's” substitute “widow, widower or surviving civil partner, the widow's, widower’s or surviving civil partner’s (as the case may be)”;

(b) in subsection (3), for “widow or widower” substitute “widow, widower or surviving civil partner”;

(c) in subsections (3)(a) and (4)(d), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 19

In section 88 (the relevant sum), in subsection (1)(b), for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 20

In section 89 (the appropriate addition), in subsections (1)(a) and (b) and (2)(b), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 21

In section 90 (the later earnings addition), in subsection (2)(a) and (b), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 22

In section 109 (annual increase of guaranteed minimum pensions), in subsection (2)(b), for “widows and widowers” substitute “widows, widowers and surviving civil partners”.

Section 23

In section 110 (requirement as to resources for annual increase of guaranteed minimum pensions) , in subsection (1)(b), for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”.

Section 24

(1) In section 170 (determination of questions by Secretary of State), in subsection (1)(c), for “widow or widower” substitute “widow, widower or surviving civil partner”.

(2) The reference in sub-paragraph (1) to section 170 is a reference to that section as it has effect without the substitution made by paragraph 131 of Schedule 7 to the Social Security Act 1998 .

Section 1

Amend regulation 3 (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum contributions have been paid) as follows—

(a) in the heading preceding it, for “widow or widower” substitute “widow, widower or surviving civil partner”;

(b) for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”;

(c) in paragraph (2), after “widower” insert “or surviving civil partner”.

Section 2

Amend regulation 5 (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum payments have been made) as follows—

(a) in the heading preceding it, for “widow or widower” substitute “widow, widower or surviving civil partner”;

(b) for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”;

(c) in paragraph (2), after “widower” insert “or surviving civil partner”.

Section 3

In regulation 2 (hybrid benefits), in paragraph (1), for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 4

Amend regulation 4 (pensions for widows and widowers varied after commencement) as follows—

(a) in the heading preceding it, for “widows and widowers” substitute “widows, widowers and surviving civil partners”;

(b) in paragraphs (1) and (2), for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 5

Amend regulation 5 (the relevant sum for widows and widowers) as follows—

(a) in the heading preceding it, for “widows and widowers” substitute “widows, widowers and surviving civil partners”;

(b) in paragraph (2)—

(i) for “widow or widower” (in the first place where those words occur) substitute “widow, widower or surviving civil partner”;

(ii) in sub-paragraph (a), after “widow or widower” insert “or being then a civil partner of the surviving civil partner”.

Section 6

In regulation 8 (the later earnings addition), in paragraph (1), for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 7

In regulation 5 (conditions on which appropriate policies of insurance may be commuted), in paragraph (a), for “his widow or her widower” substitute “the beneficiary’s widow, widower or surviving civil partner”.

Section 8

In regulation 1 (citation, commencement and interpretation), after paragraph (1) insert the following paragraph—

(1A) For the purposes of these Regulations, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Section 9

In regulation 20 (trivial commutation of benefits derived from section 9(2B) rights) , in paragraph (1)(b), for “his widow or widower” substitute “the relevant transferee’s widow, widower or surviving civil partner”.

Section 10

In regulation 23 (requirements for meeting the statutory standard), in paragraph (b), for “widows or widowers” (in each place) substitute “widows, widowers or surviving civil partners”.

Section 11

For regulation 26 (reference scheme: circumstances in which widows' or widowers' pensions need not be payable) substitute the following regulation—

Reference scheme: circumstances in which widows', widowers' or surviving civil partners' pensions need not be payable

(26)

(1) For the purposes of section 12B(4)(a) of the 1993 Act (reference scheme to provide widows', widowers' and surviving civil partners' pensions except in prescribed circumstances), and subject to paragraph (2), the prescribed circumstances are where—

(a) the scheme member marries or forms a civil partnership after having received benefits under the scheme;

(b) the widow, widower or surviving civil partner of the scheme member—

(i) remarries or, as the case may be, marries;

(ii) forms a civil partnership or, as the case may be, forms a subsequent civil partnership;

(iii) lives together as husband and wife with another person to whom he or she is not married; or

(iv) lives together with a person of the same sex as if they were civil partners,

after having received benefits under the scheme;

(c) the widow, widower or surviving civil partner of the scheme member is at the time of the member’s death—

(i) living together as husband and wife with another person to whom he or she is not married; or

(ii) living together with a person of the same sex as if they were civil partners.

(2) Sub-paragraphs (b)(ii) and (iv) and (c)(ii) of paragraph (1) do not apply where the scheme member dies before 5th December 2005.

Section 12

In regulation 37 (circumstances in which the age-related payments are not to be paid) , in paragraphs (4) and (5)—

(a) for “widow or widower” substitute “widow, widower or surviving civil partner”; and

(b) for “died unmarried” substitute “was not married or a civil partner at the time of his or her death”.

Section 13

In regulation 45 (approval of arrangements for schemes ceasing to be contracted-out), in paragraph (3A) , for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 14

In regulation 50A (persons to be regarded as members) , for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 15

In regulation 51 (contributions equivalent premiums) —

(a) in paragraph (1B)(b) , after “spouse” insert “or civil partner”;

(b) in paragraph (2)(c), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 16

In regulation 54 (refund of a contributions equivalent premium), in paragraph (5) , for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”.

Section 17

In regulation 55 (scheme rules about guaranteed minimum pensions), in paragraph (1)(c), after “widower” insert “or surviving civil partner”.

Section 18

Amend regulation 57 (circumstances in which widower’s guaranteed minimum pension is to be payable) as follows—

(a) in the heading preceding it, after “widower's” insert “or surviving civil partner's”;

(b) after “widower's” insert “or surviving civil partner's”;

(c) after “widower” (in each place) insert “or surviving civil partner”;

(d) in paragraph (b)—

(i) in sub-paragraph (ii), for “her” substitute “the earner's”; and

(ii) in sub-paragraph (iii), for “he” substitute “the widower or surviving civil partner”.

Section 19

Amend regulation 58 (period for which widower’s guaranteed minimum pension is to be payable) as follows—

(a) in the heading preceding it, after “widower's” insert “or surviving civil partner's”;

(b) in paragraph (1), after “widower's” (in each place) insert “or surviving civil partner's”;

(c) for paragraph (2) substitute the following paragraph—

(2) There is excluded from the periods prescribed under paragraph (1)(b) or (c) any period—

(a) after the widower’s remarriage or surviving civil partner’s marriage under pensionable age;

(b) after the formation of a civil partnership by the widower or the formation of a subsequent civil partnership by the surviving civil partner under pensionable age;

(c) during which the widower or surviving civil partner is under pensionable age and

(i) he or, as the case may be, she and a person of the opposite sex are living together as husband and wife; or

(ii) he or, as the case may be, she and a person of the same sex are living together as if they were civil partners;

(d) after the widower has attained pensionable age if immediately before he attained that age—

(i) he and a woman to whom he was not married were living together as husband and wife; or

(ii) he and a man were living together as if they were civil partners; or

(e) after the surviving civil partner has attained pensionable age if immediately before he or she attained that age—

(i) he or she and a person of the opposite sex to whom he or she was not married were living together as husband and wife; or

(ii) he or she and a person of the same sex were living together as if they were civil partners.

(d) after paragraph (2), as substituted by sub-paragraph (c) above, add the following paragraph—

(3) Sub-paragraphs (b), (c)(ii), and (d)(ii) of paragraph (2) do not apply where a man became a widower before 5th December 2005.

Section 20

Amend regulation 59 (statutory references to persons entitled to guaranteed minimum pensions – application to widowers) as follows—

(a) in the heading preceding it, at the end add “and surviving civil partners”;

(b) after “when the earner died” insert “or by virtue of being the surviving civil partner of an earner only in the case where the earner and the surviving civil partner were both over pensionable age when the earner died”.

Section 21

Amend regulation 60 (trivial commutation of guaranteed minimum pensions) as follows—

(a) in paragraph (1)(b), for “his widow or her widower” substitute “the earner’s widow, widower or surviving civil partner”;

(b) in paragraph (2), for “widow’s or widower's” (in each place) substitute “widow's, widower’s or surviving civil partner's”.

Section 22

Amend regulation 61 (suspension and forfeiture of guaranteed minimum pensions) as follows—

(a) in paragraph (1), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”;

(b) in paragraph (2)—

(i) for “widow’s or widower's” (in each place) substitute “widow's, widower’s or surviving civil partner's”; and

(ii) in sub-paragraph (c), for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 23

In regulation 63 (provision of information about guaranteed minimum pensions) for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”.

Section 24

In regulation 4 (transfer payments to salary-related contracted-out schemes), in paragraph (d), for “widow or widower” substitute “widow, widower or surviving civil partner”.