The Occupational and Personal Pension Schemes (Civil Partnership) (Miscellaneous Amendments) Regulations 2005

• Citation: S.I. 2005/3164
• Sections: 7

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Civil Partnership) (Miscellaneous Amendments) Regulations 2005 and shall come into force on 5th December 2005.

(2) This regulation and regulations 2 to 5 apply to England, Wales and Scotland.

(3) This regulation and regulations 6 and 7 apply to Northern Ireland.

Section 2 Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996

In head (ia) of regulation 12(4)(b) of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 (death of member before effect given to his protected rights) for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 3 Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997

In paragraphs (6), (7) and (8) of regulation 12 of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 (circumstances in which minimum contributions are not to be paid) for “or was not a civil partner at the time of his or her death” in each place where those words occur substitute “and was not a civil partner at the time of his or her death”.

Section 4 Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997

Amend the Occupational Pension Schemes (Discharge of Liability) Regulations 1997 as follows—

(a) in head (ii) of regulation 5(1)(c) (other requirements applying to policies of insurance and annuity contracts)—

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

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

(b) in sub-paragraph (c) of regulation 11(3) (conditions on which liability to provide pensions under a relevant scheme may be discharged) for “widow or widower” substitute “widow, widower or surviving civil partner”.

Section 5 Amendment of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998

Amend the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998 as follows—

(a) in regulation 1(2) (interpretation)—

(i) in the definition of “earner” before “and” insert—

in the case of a surviving civil partner member, the deceased civil partner from whose employment that member’s rights under the scheme are derived;

(ii) insert in the appropriate alphabetical place—

“surviving civil partner member” means a person who has a right to the payment of a surviving civil partner’s pension under the scheme;

(b) in regulation 3 (method of calculation where no election to pay a contributions equivalent premium may be made)—

(i) after “surviving spouse member” in each place where those words occur, except in paragraph (1)(f), insert “or surviving civil partner member”;

(ii) after paragraph (1)(f) add—

(g) in the case of a woman who is a surviving civil partner member—

plus

(c) in regulation 4 (Market Level Indicator) after “surviving spouse member” in each place where those words occur insert “or surviving civil partner member”;

(d) in Tables 1 to 5 of Schedule 1 after “SURVIVING SPOUSE MEMBERS” in each place where those words occur insert “and SURVIVING CIVIL PARTNER MEMBERS”;

(e) in Table 6 of Schedule 1—

(i) after “SURVIVING SPOUSE MEMBERS” insert “and SURVIVING CIVIL PARTNER MEMBERS”;

(ii) after “Widowers” insert “and Male Surviving Civil Partners”;

(iii) after “Widows” insert “and Female Surviving Civil Partners”.

Section 6 Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997

In paragraphs (6), (7) and (8) of regulation 12 of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997 (circumstances in which minimum contributions are not to be paid) for “or was not a civil partner at the time of his or her death” in each place where those words occur substitute “and was not a civil partner at the time of his or her death”.

Section 7 Amendment of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998

Amend the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998 as follows—

(a) in regulation 1(2) (interpretation)—

(i) in the definition of “earner” before “and” insert—

in the case of a surviving civil partner member, the deceased civil partner from whose employment that member’s rights under the scheme are derived;

(ii) after the definition of “scheme” insert—

“surviving civil partner member” means a person who has a right to the payment of a surviving civil partner’s pension under the scheme;

(b) in regulation 3 (method of calculation where no election to pay a contributions equivalent premium may be made)—

(i) after “surviving spouse member” in each place where those words occur, except in paragraph (1)(f), insert “or surviving civil partner member”;

(ii) after paragraph (1)(f) add—

(g) in the case of a woman who is a surviving civil partner member—

plus

(c) in regulation 4 (Market Level Indicator) after “surviving spouse member” in each place where those words occur insert “or surviving civil partner member”;

(d) in Tables 1 to 5 of Schedule 1 after “SURVIVING SPOUSE MEMBERS” in each place where those words occur insert “and SURVIVING CIVIL PARTNER MEMBERS”;

(e) in Table 6 of Schedule 1—

(i) after “SURVIVING SPOUSE MEMBERS” insert “and SURVIVING CIVIL PARTNER MEMBERS”;

(ii) after “Widowers” insert “and Male Surviving Civil Partners”;

(iii) after “Widows” insert “and Female Surviving Civil Partners”.