Made | 2nd November 2005 | ||
Laid before Parliament | 8th November 2005 | ||
Coming into force | 5th December 2005 |
(4) In the heading to Part G for "Widows and widowers", substitute "Widows, widowers and surviving civil partners".
(5) In regulation G1 (widow's pension)—
(2A) Paragraph (2)(c) and (d) shall not apply where the member dies before 5th December 2005.".
(6) After regulation G9 add—
(5) Where regulation G3(2) applies to the calculation of the surviving civil partner's pension, so that the surviving civil partner's pension is equal to the member's pension for a limited period, the surviving civil partner's pension for that limited period will be equal to the whole of the member's pension (including any part of the member's pension that is based on pensionable service before 6th April 1988).
(6) Any reference in these Regulations to regulations G1 to G6 means, in relation to benefits in respect of a member who has formed a civil partnership, those regulations as applicable to the member's surviving civil partner (if any).
Dependent surviving civil partner's pension
G11.
—(1) A member who has formed a civil partnership may, by giving notice in writing to the Secretary of State prior to leaving pensionable employment, nominate the other party to the civil partnership to receive a dependent surviving civil partner's pension on the member's death.
(2) The Secretary of State shall accept a member's nomination only if she is satisfied that the member's civil partner is permanently incapable of earning a living because of physical or mental infirmity and is wholly or mainly dependent on the member.
(3) If the Secretary of State has accepted a member's nomination and the member subsequently dies before the other party to the civil partnership, the dependent surviving civil partner shall be entitled to a dependent surviving civil partner's pension.
(4) The dependent surviving civil partner's pension shall be calculated in the same way as a widow's pension under regulations G1 to G6 (pension for widows), but based only on the member's pensionable service before 6th April 1988.
(5) If the Secretary of State has accepted a member's nomination for a dependent surviving civil partner's pension and the member's pensionable service started before 6th April 1988 any lump sum payable to the member will be reduced by an amount equal to 1.4 times the yearly rate of the part of the member's pension that is based on pensionable service before 6th April 1988 (except to the extent that any reduction has been off-set under regulation Q2 (right to buy an unreduced retirement lump sum)).
(6) Where regulation E2(10) or regulation L1(8) applies to a member who has formed a civil partnership, any reference in those regulations to a lump sum payable on retirement shall mean, in relation to a member to whom paragraph (5) of this regulation refers, a lump sum which is not reduced as described in that paragraph.
Purchase of surviving civil partner's pension in respect of service prior to 6th April 1988
G12.
—(1) Subject to the following provisions of this regulation an officer or a practitioner, unless he is a person in respect of whom a pension has already become payable under regulation E2 and to whom E2(11) applies, may, in respect of the whole or any part of his contributing service prior to 6th April 1988, elect to purchase an increase in the amount of any surviving civil partner's pension which may become payable by virtue of regulation G10.
(2) The purchase of an increase pursuant to paragraph (1) may be made only in respect of complete years of service unless the officer or practitioner wishes to purchase an increase in respect of all of his service before 6th April 1988 in which case the whole of the requisite period may be purchased whether or not it constitutes a multiple of complete years of service.
(3) An election pursuant to paragraph (1)—
(4) Schedule 1, tables 2 and 4 multiplied by a factor of 0.7 shall have effect with regard to the cost of providing the increase provided pursuant to paragraph (1).
Increased surviving civil partner's pension
G13.
—(1) If a member who has formed a civil partnership elected on or before 28th February 2007 to buy an increased surviving civil partner's pension pursuant to regulation G12(1), the surviving civil partner's pension described in regulation G10 will be based on pensionable service after 5th April 1988 plus the period of pensionable service before that date that the member elected to buy for this purpose under regulation G12(1).
(2) Subject to paragraph (3) any retirement lump sum payable to a member under regulation E6 (lump sum on retirement), in respect of any period of pensionable service that the member elected to buy as described in paragraph (1), will be reduced by 1.4 times the yearly rate of the member's pension plus the relevant daily proportion of that rate for each additional day (except to the extent that any lump sum reduction has been off-set under regulation Q2 (right to buy an unreduced retirement lump sum)).
(3) Where regulation E2(10) or regulation L1(8) applies to a member who has formed a civil partnership, any reference in those regulations to a lump sum payable on retirement shall mean, in relation to a member to whom paragraph (2) of this regulation refers, a lump sum which is not reduced as described in that paragraph.
(4) Subject to paragraph (5) where by virtue of an election under regulation G12(1) the amount of the retirement lump sum would fall to be reduced by 1.4 times the yearly rate of the member's pension plus the relevant daily proportion of that rate for each additional day, he may make an election to purchase an unreduced lump sum under regulation Q2 (right to buy an unreduced retirement lump sum) provided that the election is made no later than 28th February 2007.
(5) A member who has purchased additional service in accordance with regulation Q1 (right to buy additional service) by way of a payment under regulation Q6 (paying for additional service or an unreduced retirement lump sum by regular additional contributions) may not make an election under paragraph (4) in respect of the purchase of an unreduced lump sum.".
(7) In paragraph (1) of regulation H1 (dependent child)—
(8) In regulation H3 (member dies in pensionable employment)—
(9) In regulation H4 (member dies after pension becomes payable)—
(10) In regulation H5 (member dies with preserved pension)—
(11) In regulation H7 (dependent child not being maintained by surviving parent or spouse of parent)—
(12) In the heading to Part J after "spouse", insert ", civil partner".
(13) In regulation J1 (allocation of pension)—
(14) In regulation J2 (limits on allocation of pension)—
(15) In paragraph (2)(b) of regulation J3 (date on which allocation has effect) for "or spouse", substitute ", spouse or civil partner".
(16) In regulation K2 (guaranteed minimum pensions)—
(17) In paragraph K6 (protected rights transferred to the scheme) after "spouse", insert (in each place) "or civil partner".
(18) In paragraph (2) of regulation K7 (State scheme premiums) for "widow or widower", substitute (in each place) "widow, widower or surviving civil partner".
(19) In paragraph (3) of regulation L2 (refund of contributions) after "spouse", insert "or civil partner".
(20) In paragraph (3)(a) of regulation L4 (early leavers returning to pensionable employment) after "spouse", insert "or civil partner".
(21) In regulation Q1 (right to buy additional service and unreduced retirement lump sum) after paragraph (5) insert—
(22) In paragraph (1) of regulation Q2 (right to buy an unreduced retirement lump sum) after "married", insert "or in a civil partnership".
(23) In regulation Q5 (paying for an unreduced lump sum by a single payment), after sub-paragraph (2) insert—
(24) In paragraph (7)(b) of regulation R3 (mental health officers) for "widow's or widower's", substitute "widow's, widower's or surviving civil partner's".
(25) In the heading to regulation R12 after "marriage", insert "or, dissolution or nullity of civil partnership".
(26) In regulation S4 (benefits on death in pensionable employment after pension becomes payable)—
(27) In paragraph (1A)(a) of regulation T6 (loss of rights to benefits)[6] for "widow or widower", substitute "widow, widower or surviving civil partner".
(28) In paragraph (b) of regulation U1A[7] (determination by medical practitioners) after "regulation G8(2)", insert "or regulation G11(2)".
(29) In Schedule 2[8] (medical and dental practitioners)—
(30) In the heading to Schedule 2A after "MARRIAGE", insert "OR, ON THE DISSOLUTION OR NULLITY OF A CIVIL PARTNERSHIP".
Amendment of the National Health Service (Injury Benefits) Regulations 1995
3.
—(1) The National Health Service (Injury Benefits) Regulations 1995[9] shall be amended in accordance with the following paragraphs.
(2) In regulation 7 (widow's or widower's allowance)—
whichever is the later;
(b) if at the date of the deceased's death such widow, widower or surviving civil partner and a man or, as the case may be, a woman to whom she or he is not married or with whom she or he is not in a civil partnership are living together as husband and wife or as civil partners; or
(c) in respect of any period after such widow, widower or surviving civil partner—
so, however, that where such marriage or civil partnership has terminated, the Secretary of State may restore an allowance to a widow, widower or surviving civil partner if she is satisfied that such widow, widower or surviving civil partner is suffering hardship.
(3A) This paragraph applies where—
(3) In regulation 8 (child's allowance)—
(4) In regulation 9 (dependent relative's allowance)—
(c) in paragraph (4) after sub-paragraph (a) insert—
(d) after paragraph (4) insert—
(5) In paragraph (1) of regulation 11 (lump sum payment on death)—
(6) In paragraph (3) of regulation 12 (incidental provisions) for "the widow's or the widower's pension", substitute "the widow's, the widower's or the surviving civil partner's pension".
(7) In regulation 22 (determination of questions) after "or widower", insert "or surviving civil partner".
Amendment of the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000
4.
—(1) The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000[10] shall be amended in accordance with the following paragraphs.
(2) In paragraph (1) of regulation 2 (interpretation) in the definition of "dependant", after paragraph (a) insert—
(3) In paragraphs (3) and (5) of regulation 15 (payments by the Secretary of State) after "spouse", (in each place) insert "or civil partner".
(4) In the heading to regulation 17A after "marriage", insert "or, dissolution or nullity of civil partnership".
(5) In Schedule 2—
Amendment of the National Health Service (Compensation for Premature Retirement) Regulations 2002
5.
—(1) The National Health Service (Compensation for Premature Retirement) Regulations 2002[11] shall be amended in accordance with the following paragraphs.
(2) In regulation 7 (partial surrender of annual allowance) after "spouse", insert "or civil partner".
(3) In regulation 8 (compensation payable to widow, widower or dependants)—
(4) In paragraph (1) of regulation 9 (compensation where lump sum on death becomes payable) after "widower", insert (in each place) "surviving civil partner,".
Signed by authority of the Secretary of State for Health
Warner
Minister of State, Department of Health
2nd November 2005
We consent.
Gillian Merron
Vernon Coaker
Two of the Lords Commissioners of Her Majesty's Treasury
2nd November 2005
[2] Section 10 was amended by Schedule 5 to the National Health Service Reorganisation Act 1973 (c. 2) and by section 4(2) of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).back
[3] See section 10(4) of the Superannuation Act 1972.back
[4] S.I. 1995/300; the amending instruments are S.I. 1997/80 and 1888, 1998/666 and 2216, 2000/605, 2001/1428, 2002/561 and 2469, 2003/631, 2004/665 and 2005/661.back
[5] Sub-paragraph (3) was amended by S.I. 2003/2322.back
[6] Paragraph (1A) was inserted by S.I. 2003/631.back
[7] Regulation U1A was inserted by S.I. 2004/665.back
[8] Schedule 2 has been amended. Those amendments are not relevant to this instrument.back
[9] S.I. 1995/866; the amending instruments are S.I. 1997/646, 1998/667 and 2217, 2000/606, 2002/2469, 2003/631, 2004/696, 865 and 1016, and 2005/661.back
[10] S.I. 2000/619; the amending instruments are S.I. 2001/1428 and 3649, and 2002/610.back
[11] S.I. 2002/1311; the amending instruments are S. I. 2002/2469, 2003/631 and 2004/696.back