Made | 2nd December 2005 | ||
Coming into force | 5th December 2005 |
(b) for paragraph (ii) substitute—
(5) After that subsection insert—
and in paragraph (b) "children of the family" is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995[5].".
6.
—(1) Section 6A (widowers' pensions) is amended as follows.
(2) In the heading, after "Widowers'" insert "and surviving civil partners'".
(3) In subsection (1)—
(4) After subsection (2) insert—
7.
—(1) Section 7 (widows' and widowers' pensions) is amended as follows.
(2) For the heading substitute "Widows', widowers' and surviving civil partners' pensions".
(3) In subsection (1)—
(4) In subsection (2)—
(5) In subsection (3)—
(6) In subsection (5), for "widow's or widower's" substitute "widow's, widower's or surviving civil partner's".
8.
—(1) In section 8 (children's pension: beneficiaries), subsection (4) is amended as follows.
(2) After "married" insert "or a person who at the time of the death of the deceased was a civil partner".
(3) After "marries" insert "or a person forms a civil partnership".
(4) After "she" insert "or he".
9.
—(1) Section 10 (children's pension: rate and mode of payment) is amended as follows.
(2) In subsection (2), for "or widower", in both places, substitute ", widower or surviving civil partner".
(3) In subsection (3), for "or widower" substitute ", widower or surviving civil partner".
(4) In subsection (4)—
(b) after "husband" insert "or civil partner",
(c) after "wife" insert "or civil partner", and
(d) for "widow or widower is" substitute "widow, widower or surviving civil partner is".
10.
—(1) Section 11 (contribution towards cost of widow's and children's pension) is amended as follows.
(2) In subsections (1), (2) and (3) after "spouse" insert "or civil partner".
(3) In subsection (2), after "marriage" insert "or the formation of a civil partnership".
11.
—(1) In section 12 (persons serving again after retirement), paragraph (a) is amended as follows.
(2) After "marrying" insert "or forming a civil partnership".
(3) After "widower" insert ", surviving civil partner".
12.
For section 15 (effect under this Act of certain nullity decrees) substitute—
13.
In section 16 (Departmental recommendation in certain cases), for "widow's widower's" substitute "widow's, widower's, surviving civil partner's".
14.
In section 21 (financial provisions), in subsections (1)(b) and (2)(a) for "widow's widower's" substitute "widow's, widower's, surviving civil partner's".
15.
In section 22 (interpretation), in subsection (1), in the definition of "derivative benefit", for "widow's widower's" substitute "widow's, widower's, surviving civil partner's".
16.
In Schedule 2A (transfer of accrued benefits) (to be inserted by the amendments set out in paragraph 3(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991[6]), in paragraph 6(7), for "his widow, or her widower" substitute "his widow, her widower or his or her surviving civil partner".
17.
After Schedule 4 insert the following Schedule—
shall have the annual value of a surviving civil partner's pension in respect of the member calculated on the assumption that all of the member's relevant service fell after the relevant date.
(2) Sub-paragraph (1) does not apply if, within six months of the date of the member's formation of a civil partnership, the member opts for the annual value of the surviving civil partner's pension to be calculated under sub-paragraph (3).
(3) Where the annual value of a surviving civil partner's pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula—
CPP1 = (CPP2 x RS1) divided by RS2 |
(4) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension.
(5) No period of service during which an election under paragraph 7A of Schedule 10 to the Social Security (Northern Ireland) Act 1975[7] is in force in respect of the member concerned shall be taken into account for the purposes of any calculation under sub-paragraph (3).
(6) An election under sub-paragraph (2) must be made in writing to the administrators.
(7) An election under sub-paragraph (2) is irrevocable.".
(b) for paragraph (ii) substitute—
(5) After that subsection insert—
and in paragraph (b) "children of the family" is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995[9].".
22.
—(1) Section 122A (widowers' pensions) is amended as follows.
(2) In the heading, after "Widowers'" insert "and surviving civil partners'".
(3) That section becomes subsection (1) of section 122A.
(4) In that subsection—
(5) After that subsection insert—
23.
—(1) Section 123 (widows' and widowers' pensions) is amended as follows.
(2) For the heading substitute "Widows', widowers' and surviving civil partners' pensions".
(3) In subsection (1)—
(4) In subsection (2)—
(5) In subsection (3)—
(6) In subsection (5), for "widow's or widower's" substitute "widow's, widower's or surviving civil partner's".
24.
—(1) In section 124 (children's pension: beneficiaries), subsection (4) is amended as follows.
(2) After "married" insert "or a person who at the time of the death of the deceased was a civil partner".
(3) After "marries" insert "or a person forms a civil partnership".
(4) After "she" insert "or he".
25.
—(1) Section 126 (children's pension: rate and mode of payment) is amended as follows.
(2) In subsection (2), for "or widower", in both places, substitute ", widower or surviving civil partner".
(3) In subsection (3), for "or widower" substitute ", widower or surviving civil partner".
(4) In subsection (4)—
(b) after "husband" insert "or civil partner",
(c) after "wife" insert "or civil partner", and
(d) for "widow or widower is" substitute "widow, widower or surviving civil partner is".
26.
—(1) In section 128 (persons serving again after retirement), paragraph (a) is amended as follows.
(2) After "marrying" insert "or forming a civil partnership".
(3) After "widower" insert ", surviving civil partner".
27.
For section 131 (effect under this Act of certain nullity decrees) substitute—
28.
In section 132 (recommendation of Lord Chancellor in certain cases), for "widow's widower's" substitute "widow's, widower's, surviving civil partner's".
29.
In section 132A (appeals), in subsection (3)(b), for "or widower" substitute ", widower or surviving civil partner".
30.
In section 135 (interpretation of Part 13), in subsection (1), in the definition of "derivative benefit", for "widow's widower's" substitute "widow's, widower's, surviving civil partner's".
31.
In Schedule 2A (transfer of accrued benefits) (to be inserted by the amendments set out in paragraph 1(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991[10]), in paragraph 6(7), for "his widow, or her widower" substitute "his widow, her widower or his or her surviving civil partner".
32.
After that Schedule insert the following Schedule—
shall have the annual value of a surviving civil partner's pension in respect of the member calculated on the assumption that all of the member's relevant service fell after the relevant date.
(2) Sub-paragraph (1) does not apply if, within six months of the date of the member's formation of a civil partnership, the member opts for the annual value of the surviving civil partner's pension to be calculated under sub-paragraph (3).
(3) Where the annual value of a surviving civil partner's pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula—
CPP1 = (CPP2 x RS1) divided by RS2 |
(4) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension.
(5) An election under sub-paragraph (2) must be made in writing to the administrators.
(6) An election under sub-paragraph (2) is irrevocable.".
(b) for paragraph (ii) substitute—
(5) After that subsection insert—
and in paragraph (b) "children of the family" is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995[12].".
36.
In section 4A (as inserted by paragraph (3) of Schedule 3 to the Personal Pension Option (No.1) Regulations (Northern Ireland) 1989[13]), after "widow's" insert ", surviving civil partner's".
37.
—(1) Section 4A (widowers' pensions) (as inserted by Article 3(3) of the Judicial Pensions (Northern Ireland) Order 1991[14]) is amended as follows.
(2) In the heading, after "Widowers'" insert "and surviving civil partners'".
(3) In subsection (1)—
(4) In subsection (2) for "Schedule 2" substitute "Part 1 of Schedule 2".
(5) After that subsection insert—
38.
—(1) Section 5 (widows' and widowers' pensions) is amended as follows.
(2) For the heading substitute "Widows', widowers' and surviving civil partners' pensions".
(3) In subsection (1)—
(4) In subsection (2)—
(5) In subsection (3)—
(6) In subsection (5), for "widow's or widower's" substitute "widow's, widower's or surviving civil partner's".
39.
—(1) In section 6 (children's pension: beneficiaries), subsection (4) is amended as follows.
(2) After "married" insert "or a person who at the time of the death of the deceased was a civil partner".
(3) After "marries" insert "or a person forms a civil partnership".
(4) After "she" insert "or he".
40.
—(1) Section 8 (children's pension: rate and mode of payment) is amended as follows.
(2) In subsection (2), for "or widower", in both places, substitute ", widower or surviving civil partner".
(3) In subsection (3), for "or widower" substitute ", widower or surviving civil partner".
(4) In subsection (4)—
(b) after "husband" insert "or civil partner",
(c) after "wife" insert "or civil partner", and
(d) for "widow or widower is" substitute "widow, widower or surviving civil partner is".
41.
—(1) In section 10 (resident magistrates serving again after retirement), paragraph (a) is amended as follows.
(2) After "marrying" insert "or forming a civil partnership".
(3) After "widower" insert ", surviving civil partner".
42.
For section 15 (effect of certain nullity decrees) substitute—
43.
In section 21A (appeals), in subsection (3)(b), for "or widower" substitute ", widower or surviving civil partner".
44.
In section 22 (interpretation), in the definition of "personal pension", for "or widower" substitute ", widower or surviving civil partner".
45.
—(1) Schedule 2 (widowers' pensions: transitional provisions) is amended as follows.
(2) That Schedule becomes Part 1 of Schedule 2.
(3) In paragraph 1 of Part 1 of Schedule 2, for "In this Schedule" substitute "In this Part of this Schedule".
(4) After paragraph 4 insert—
shall have the annual value of a surviving civil partner's pension in respect of the member calculated on the assumption that all of the member's relevant service fell after the relevant date.
(2) Sub-paragraph (1) does not apply if, within six months of the date of the member's formation of a civil partnership, the member opts for the annual value of the surviving civil partner's pension to be calculated under sub-paragraph (3).
(3) Where the annual value of a surviving civil partner's pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula—
CPP1 = (CPP2 x RS1) divided by RS2 |
(4) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension.
(5) An election under sub-paragraph (2) must be made in writing to the administrators.
(6) An election under sub-paragraph (2) is irrevocable.".
46.
In Schedule 3 (transfer of accrued benefits) (to be inserted by the amendments set out in paragraph 2(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991[15]), in paragraph 6(7), for "his widow, or her widower" substitute "his widow, her widower or his or her surviving civil partner".
(4) In subsection (3), for "widow's or widower's" substitute "widow's, widower's or surviving civil partner's".
(5) In subsection (4), paragraph (c) for "widow's widower's" substitute "widow's, widower's or surviving civil partner's".
(6) In subsection (5), for "widow's widower's" substitute "widow's, widower's or surviving civil partner's".
(b) for paragraph (ii) substitute—
(3) After that subsection insert—
and in paragraph (b) of this subsection "children of the family" is to be construed in accordance with section 105(1) of the Children Act 1989[18] or (in relation to Scotland) section 101(7) of the Civil Partnership Act 2004[19].".
(4) In subsection (2), after "marriage", in each place, insert "or civil partnership".
55.
—(1) Section 18A (widowers' pensions) is amended as follows.
(2) In the side-note, after "Widowers'" insert "and surviving civil partners'".
(3) In subsection (1)—
(4) After that subsection insert—
56.
—(1) Section 19 (widows' and widowers' pensions) is amended as follows.
(2) For the side-note substitute "Widows', widowers' and surviving civil partners' pensions".
(3) In subsection (1)—
(4) In subsection (2)—
(5) In subsection (3)—
(6) In subsection (5), for "widow's or widower's" substitute "widow's, widower's or surviving civil partner's".
57.
—(1) In section 20 (children's pension: beneficiaries), subsection (5) is amended as follows.
(2) After "married" insert "or a person who at the time of the death of the deceased was a civil partner".
(3) After "marries" insert "or a person forms a civil partnership".
(4) After "she" insert "or he".
58.
—(1) Section 22 (children's pension: rate and mode of payment) is amended as follows.
(2) In subsection (2), for "or widower", in both places, substitute ", widower or surviving civil partner".
(3) In subsection (3), for "or widower" substitute ", widower or surviving civil partner".
(4) In subsection (4)—
(b) after "husband" insert "or civil partner",
(c) after "wife" insert "or civil partner", and
(d) for "widow or widower is" substitute "widow, widower or surviving civil partner is".
59.
—(1) In section 25 (persons serving again after retirement), subsection (1)(a) is amended as follows.
(2) After "marrying" insert "or forming a civil partnership".
(3) After "widower" insert ", surviving civil partner".
60.
For section 28 (effect of certain nullity decrees) substitute—
61.
In section 29 (recommendation of a Minister required in certain cases), for "widow's widower's" substitute "widow's, widower's, surviving civil partner's".
62.
In section 31 (payments charged on Consolidated Fund), in paragraph (b), for "widow's widower's" substitute "widow's, widower's, surviving civil partner's".
63.
In section 32 (other financial provisions), in subsection (3)(b), for "widow's widower's" substitute "widow's, widower's, surviving civil partner's".
64.
In section 32A (appeals), in subsection (3)(b), for "or widower" substitute ", widower or surviving civil partner".
65.
In Schedule 1 (certain Supreme Court and County Court officers, and President of Transport Tribunal), in paragraph 15(2), after paragraph (a) insert—
66.
In Schedule 1A (transfer of accrued benefits) (to be inserted by the amendments set out in Schedule 13 to the Courts and Legal Services Act 1990[20]), in paragraph 6(7), for "his widow, or her widower" substitute "his widow, her widower or his or her surviving civil partner".
67.
In Schedule 2 (transitory provisions), after paragraph 28 insert—
shall have the annual value of a surviving civil partner's pension in respect of the member calculated on the assumption that all of the member's relevant service fell after the relevant date.
(2) Sub-paragraph (1) does not apply if, within six months of the date of the member's formation of a civil partnership, the member opts for the annual value of the surviving civil partner's pension to be calculated under sub-paragraph (3).
(3) Where the annual value of a surviving civil partner's pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula—
CPP1 = (CPP2 x RS1) divided by RS2 |
(4) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension.
(5) An election under sub-paragraph (2) must be made in writing to the administrators.
(6) An election under sub-paragraph (2) is irrevocable.".
68.
In Schedule 3 (consequential amendments), in paragraph 7(3), for "widow's widower's" substitute "widow's, widower's, surviving civil partner's".
(4) After that subsection insert—
(5) For subsection (3) substitute—
the Treasury may, on or at any time after the marriage or the formation of the civil partnership, direct that the pension shall cease to be payable.".
(6) After subsection (5) insert—
71.
In section 6 (grant and payment of a children's pension), for subsection (7) substitute—
(b) any children adopted by such a person before the marriage to, or the formation of the civil partnership with, the deceased; and
(c) any children adopted by such a person after the marriage to, or the formation of the civil partnership with, the deceased in a case where the adoption proceedings were pending at the time of the marriage or the formation of the civil partnership.".
72.
—(1) Section 8 (rate of children's pension) is amended as follows.
(2) In subsection (1), after "surviving spouse" insert "or surviving civil partner".
(3) In subsection (2), after "surviving spouse", in each place, insert "or surviving civil partner".
(4) For subsection (3) substitute—
the Treasury may, if they think fit, direct that subsection (1) above shall apply instead of subsection (2) above as respects any period when the surviving spouse or surviving civil partner has a spouse or civil partner.".
73.
In the side-note to section 9 (contribution towards cost of surviving spouse's and children's pension), after "surviving spouse's" insert ", surviving civil partner's".
74.
For section 17 (effect of certain nullity decrees) substitute—
75.
In section 20 (appeals), in subsection (3)(b), for "widow or widower" substitute "widow, widower or surviving civil partner".
76.
—(1) Section 30 (interpretation) is amended as follows.
(2) In subsection (1)—
77.
After Schedule 1 (the offices which may be qualifying judicial offices) insert—
shall be calculated in accordance with section 5.
(2) Sub-paragraph (1) does not apply if, within, 6 months of the formation of the civil partnership, the person elects for the annual rate of the surviving civil partner's pension to be calculated under sub-paragraph (3).
(3) Where the annual rate of a surviving civil partner's pension falls to be calculated under this sub-paragraph, that pension shall be calculated in accordance with section 5, but solely for the purpose of this sub-paragraph, the annual rate of the deceased's judicial pension shall be deemed to be that to which he would have been entitled had he first been appointed to qualifying judicial office on the commencement date.
(4) An election under sub-paragraph (2) must be made in writing to the administrators.
(5) An election under sub-paragraph (2) is irrevocable.".
Clergy Pensions Measure 1961
80.
The Clergy Pensions Measure 1961[24] is amended as follows.
81.
—(1) In section 17 (payments out of general fund of Commissioners), in subsection (3), after "widowers" insert ", surviving civil partners".
(2) In section 26 (powers of Board as to provision of residences)—
(3) In section 27 (powers of Board to administer pensions schemes for church workers), in subsection (1), for "widows widowers" substitute "widows, widowers, surviving civil partners".
(4) In section 30 (power of Board to act as Trustee), in subsections (1) and (2), for "widows widowers", in each place, substitute "widows, widowers, surviving civil partners".
(5) In section 38 (determination of questions), in subsection (1)(g), after "widower" insert ", surviving civil partner,".
(6) In section 38A (power of Board to establish additional pensions schemes for clerks), in subsection (1), after "widowers" insert ", surviving civil partners".
(7) In section 40 (diocesan widows and dependants committees), for "widows widowers", in each place, substitute "widows, widowers, surviving civil partners".
Clergy Pensions (Amendment) Measure 1972
82.
The Clergy Pensions (Amendment) Measure 1972[25] is amended as follows.
83.
In section 6 (power of General Synod to make further provision by regulations for clergy pensions)—
Deaconesses and Lay Workers (Pensions) Measure 1980
84.
The Deaconesses and Lay Workers (Pensions) Measure 1980[26] is amended as follows.
85.
In section 1 (power of Church Commissioners to make payments for provision, etc of pension benefits for deaconesses and lay workers), in subsection (1)(a), after "widowers" insert "or surviving civil partners".
Pastoral Measure 1983
86.
The Pastoral Measure 1983[27] is amended as follows.
87.
In Schedule 4 (compensation of clergy), in paragraph 13(1)(c) and (3), after "spouse", in each place, insert "or surviving civil partner".
Pensions Measure 1997
88.
The Pensions Measure 1997[28] is amended as follows.
89.
In section 1 (past service and funded schemes), in subsection (1), after "widowers" insert ", surviving civil partners".
Church of England (Pensions) Measure 2003
90.
The Church of England (Pensions) Measure 2003[29] is amended as follows.
91.
—(1) In section 1 (General Purposes Fund), in subsection (2)—
(2) In section 2 (dissolution of Pensions Augmentation Fund), in subsection (3), after "spouse" insert ", surviving civil partner, former civil partner".
are amended as follows.
(2) In regulation 1.2 (interpretation), in paragraph (1), in the definition of "additional voluntary contributions" after "surviving spouse's" insert "or surviving civil partner's".
(3) In regulation 2.7 (aggregated retirement benefit), in paragraph (2), after "surviving spouse" insert "or surviving civil partner".
(4) In regulation 2.9 (rate of surviving spouse's or children's pension), in paragraph (1), —
(5) In regulation 2.20 (benefits which may be provided), in paragraph (2)(d)(i), after "spouse" insert "or civil partner".
(6) In regulation 2.21 (payment of benefits), in paragraph (b), after "surviving spouse's" insert "or surviving civil partner's".
(7) Amend regulation 4.7 (refund of contributions) as follows—
(d) in the definition of "responsible authority", for "his" substitute "the office-holder's", and
(e) after "references to a widow's" insert "or a surviving civil partner's".
(3) In paragraph (2), after "decrees" insert "and nullity orders".
3.
—(1) Regulation 4 (application of Part II) is amended as follows.
(2) In paragraph (1), for "his" substitute "the office-holder's".
(3) In paragraph (2)—
4.
—(1) Regulation 5 (relevant service wholly after 17th April 1973) is amended as follows.
(2) For the title substitute—
(3) For paragraph (1) substitute—
(4) In paragraph (2)—
5.
—(1) Regulation 6 (relevant service partly before 18th April 1973) is amended as follows.
(2) In the title, after "1973" insert "(in relation to widow's pensions)".
(3) After "If" insert ", for the purposes of widow's pensions,".
6.
After regulation 6 insert—
Q/S |
(2) If the office-holder last had a civil partner at a time before the end of the office-holder's relevant service the amount of the contribution shall (instead of that in paragraph (1)) be that arrived at under paragraph (1) multiplied by the following fraction—
T/Q |
7.
—(1) Regulation 8 (election to make periodical payments) is amended as follows.
(2) In paragraph (3)—
(3) In paragraph (4)—
(4) In paragraph (5), for "not married" substitute "neither married nor a civil partner".
8.
In the side-note of regulation 9, after "service" insert "in relation to widow's benefits".
9.
After regulation 9 (additional payments for back service) insert—
(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such of the following rates as the office-holder may specify—
(3) An election under this regulation must have been made before, or be made not later than six months after, the office-holder's formation of a civil partnership.
(4) An office-holder who has made an election under this regulation may at any time by notice in writing to the responsible authority, either—
(5) An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the office-holder has made additional payments for a period equal in length to the office-holder's back service and for this purpose, for any period during which the office-holder has made additional payments at a rate higher than the standard rate, the office-holder shall be treated as having made such payments for a correspondingly longer period (so that, for example, if the office-holder has made additional payments at twice the standard rate for one year the office-holder shall be treated as having made additional payments for two years).".
10.
—(1) Regulation 10 (method of payment) is amended as follows.
(2) In paragraph (1), for "8 or 9" substitute "8, 9 or 9A".
(3) In paragraph (3)(b), after "remarriage" insert "or formation of a civil partnership".
11.
—(1) Regulation 11 (effect of making periodical payments) is amended as follows.
(2) For "he", in each place, substitute "the office-holder".
(3) For "his", in each place, substitute "the office-holder's".
(4) In paragraph (5), after "regulation 9(5)" insert "or 9A(5)".
12.
In regulation 12 (non-aggregable service), for "he" and "his", in each place, substitute "the office-holder".
13.
—(1) Regulation 13 (refunds of periodical payments) is amended as follows.
(2) In paragraph (1)—
(3) In paragraph (1)(a)—
(4) In paragraph (1)(b), for "his", in each place, substitute "the office-holder's".
(d) in the definition of "responsible authority", for "her" substitute "the office-holder's", and
(e) after "references to a widower's" insert "or surviving civil partner's".
(3) In paragraph (3), after "decrees" insert "and nullity orders".
3.
In regulation 3 (application of Parts II and III), after "relevant service" insert "or a person's relevant service where the pension or pensions are in respect of a surviving civil partner".
4.
—(1) Regulation 4 (application of Part II) is amended as follows.
(2) In paragraph (1), for "her" substitute "the office-holder's".
(3) In paragraph (2)—
5.
—(1) Regulation 5 (relevant service wholly after 31st December 1991) is amended as follows.
(2) For the side-note substitute—
(3) For paragraph (1) substitute—
(4) In paragraph (2)—
6.
—(1) Regulation 6 (relevant service partly before 1st January 1992) is amended as follows.
(2) In the side-note, after "1992" insert "(in relation to widower's pensions)".
(3) After "If" insert ", for the purposes of widower's pensions,".
7.
After regulation 6 (relevant service partly before 1st January 1992) insert—
Q/S |
(2) If the office-holder last had a civil partner at a time before the end of the office-holder's relevant service the amount of the contribution shall (instead of that in paragraph (1)) be that arrived at under paragraph (1) multiplied by the following fraction—
T/Q |
8.
—(1) Regulation 8 (election to make periodical payments) is amended as follows.
(2) In paragraph (3)—
(3) In paragraph (4)—
(4) In paragraph (5), for "not married" substitute "neither married nor a civil partner".
9.
In the side-note of regulation 9 (additional payments for back service), after "service" insert "in relation to widower's benefits".
10.
After regulation 9 (additional payments for back service) insert—
(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such of the following rates as the office-holder may specify—
(3) An election under this regulation must have been made before, or be made not later than six months after, the office-holder's formation of a civil partnership.
(4) An office-holder who has made an election under this regulation may at any time by notice in writing to the responsible authority, either—
(5) An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the office-holder has made additional payments for a period equal in length to the office-holder's back service and for this purpose, for any period during which the office-holder has made additional payments at a rate higher than the standard rate, the office-holder shall be treated as having made such payments for a correspondingly longer period (so that, for example, if the office-holder has made additional payments at twice the standard rate for one year the office-holder shall be treated as having made additional payments for two years).".
11.
—(1) Regulation 10 (method of payment) is amended as follows.
(2) In paragraph (1), for "8 or 9" substitute "8, 9 or 9A".
(3) In paragraph (3)(b), after "remarriage" insert "or formation of a civil partnership".
12.
—(1) Regulation 11 (effect of making periodical payments) is amended as follows.
(2) For "she", in each place, substitute "the office-holder".
(3) For "her", in each place, substitute "the office-holder's".
(4) In paragraph (5), after "regulation 9(5)" insert "or 9A(5)".
13.
In regulation 12 (non-aggregable service) for "she" and "her", in each place, substitute "the office-holder".
14.
—(1) Regulation 13 (refunds of periodical payments) is amended as follows.
(2) In paragraph (1)—
(3) In paragraph (1)(a)—
(4) In paragraph (1)(b), for "her", in each place, substitute "the office-holder's".
15.
—(1) The Schedule (office of the Lord Chancellor) is amended as follows.
(2) In paragraph 1(1) of the Schedule, after "Lord Chancellor" insert "and to a person who holds the office of Lord Chancellor and is or was a civil partner".
(3) In paragraph 1(3) of the Schedule—
(3) In paragraph (2)—
7.
—(1) Regulation 7 (section 19 scheme: calculation of cash equivalents) is amended as follows.
(2) In paragraph (1)—
(3) In paragraph (2)(d), after "spouse's" insert "or civil partner's".
8.
—(1) Regulation 14 (Part I scheme: calculation of pension credit) is amended as follows.
(2) In paragraph (3)—
(3) In paragraph (4)—
(4) In paragraph (6), after "spouse's" insert "or civil partner's".
9.
—(1) Regulation 15 (section 19 scheme: calculation of pension credit) is amended as follows.
(2) In paragraph (1)—
(3) In paragraph (3), after "spouse's" insert "or civil partner's".
10.
In Schedule 2 (which shows tables of market level adjustment factors), after "Spouse's", in each column heading, insert "or Civil Partner's".
The Judicial Pensions (Additional Benefits for Disregarded Earnings) Regulations 1995[36]
11.
The Judicial Pensions (Additional Benefits for Disregarded Earnings) Regulations 1995 are amended as follows.
12.
In regulation 3 (timing and manner of payments of pensions and lump sums under section 19), in paragraph (2), after "surviving spouse's", in each place, insert "or surviving civil partner's".
The Judicial Pensions (Contributions) Regulations 1998[37]
13.
The Judicial Pensions (Contributions) Regulations 1998 are amended as follows.
14.
—(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
15.
—(1) Regulation 12 (contributions liability period) is amended as follows.
(2) In paragraph (3)—
(3) In paragraph (4)—
(4) In paragraph (5), after "spouse", in each place, insert "or a civil partner".
(5) In paragraph (6), after "spouse", in each place, insert "or a civil partner".
(6) In paragraph (7), after "spouse", in each place, insert "or a civil partner".
(7) In paragraph (8), after "married" insert "or a civil partner".
(8) In paragraph (9)(a), after "married" insert "or a civil partner".
(9) After paragraph (10) insert—
his contributions liability period shall not include his service in qualifying judicial office before 5th December 2005.".
16.
—(1) Regulation 15 (refund of contributions-section 1(1)(a) office holders) is amended as follows.
(2) In paragraph (2) —
(3) In paragraph (3) —
(4) After paragraph (3) insert—
there shall be refunded, together with compound interest, contributions in respect of a period equal to the difference between—
(3B) Paragraph (3A) shall apply without prejudice to any other refund to which an office holder is entitled under this regulation.".
(5) In paragraph (4)(a), after "married" insert "or a civil partner".
5.
In regulation 2.24 (benefits which may be provided), in paragraph (2)(d)(i), after "spouse" insert "or civil partner".
6.
In regulation 2.25 (payment of benefits), in paragraph (b), after "surviving spouse's" insert "or surviving civil partner's".
7.
In regulation 4.1 (interpretation: JASSPS), in paragraph (2), after "surviving spouse's", in each place, insert "or surviving civil partner's".
8.
—(1) Regulation 4.2 (membership: JASSPS) is amended as follows.
(2) In paragraph (3)—
9.
In regulation 4.4 (limits on the added benefits that may be purchased under JASSPS), after "surviving spouse's" insert "or surviving civil partner's".
10.
In regulation 4.7 (manner of making contributions into the JASSPS), after "surviving spouse's", in each place, insert "or surviving civil partner's".
11.
—(1) Regulation 4.11 (valuation of benefits under the JASSPS) is amended as follows.
(2) After "surviving spouse's", in each place, insert "or surviving civil partner's".
(3) In paragraph (1), after "surviving spouse" insert "or surviving civil partner".
12.
—(1) Regulation 4.12 (valuation of benefits under the JABS) is amended as follows.
(2) After "surviving spouse" insert "or surviving civil partner".
(3) After "surviving spouse's" insert "or surviving civil partner's".
13.
—(1) Regulation 4.13 (refund of contributions) is amended as follows.
(2) After "spouse", in each place, insert "or a civil partner".
(3) In paragraph (1), for "is both unmarried and has no eligible children" substitute "is neither married, nor a civil partner and has no eligible children".
(4) For paragraph (5) substitute—
(4) In paragraph (3)(b), after "widower's" insert "or surviving civil partner's".
The Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988[40]
3.
The Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988 is amended as follows.
4.
—(1) Article 10 (widower's guaranteed pension) is amended as follows.
(2) In the side-note, after "Widower's" insert "or surviving civil partner's".
(3) In paragraph (1)—
(4) In paragraph (3)(b), after "widower's" insert "or surviving civil partner's".
The Judicial Pensions (Preservation of Benefits) Order 1995[41]
5.
The Judicial Pensions (Preservation of Benefits) Order 1995 is amended as follows.
6.
In article 7 (inalienability), after "surviving spouse" insert "or surviving civil partner".
The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995[42]
7.
The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995 is amended as follows.
8.
—(1) Article 5 (surviving spouse's guaranteed minimum pension) is amended as follows.
(2) In the side-note, after "Surviving spouse's" insert "or surviving civil partner's".
(3) In paragraph (1), after "surviving spouse" insert "or surviving civil partner".
(4) In paragraph (2), after "widower" insert "or surviving civil partner".
(5) In paragraph (3), after "surviving spouse's" insert "or surviving civil partner's".
9.
—(1) Article 6 (contribution in the event of marriage during retirement) is amended as follows.
(2) In the side-note, after "marriage" insert "or formation of civil partnership".
(3) For paragraph (1) substitute—
(4) In paragraph (2)(a)(ii)—
The Judicial Pensions (Preservation of Benefits) Order (Northern Ireland) 1995[43]
10.
The Judicial Pensions (Preservation of Benefits) Order (Northern Ireland) 1995 is amended as follows.
11.
In article 7 (inalienability), after "surviving spouse" insert "or surviving civil partner".
The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995[44]
12.
The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995 is amended as follows.
13.
—(1) Article 5 (surviving spouse's guaranteed minimum pension) is amended as follows.
(2) In the side-note, after "Surviving spouse's" insert "or surviving civil partner's".
(3) In paragraph (1), after "surviving spouse" insert "or surviving civil partner".
(4) In paragraph (2), after "widower" insert "or surviving civil partner".
(5) In paragraph (3), after "surviving spouse's" insert "or surviving civil partner's".
14.
—(1) Article 6 (contribution in the event of marriage during retirement) is amended as follows.
(2) In the side-note, after "marriage" insert "or formation of civil partnership".
(3) For paragraph (1) substitute—
(4) In paragraph (2)(a)(ii)—
The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order 1997[45]
15.
The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order 1997 is amended as follows.
16.
—(1) Article 3 (entitlement of surviving spouse to a pension) is amended as follows.
(2) In the side-note, after "surviving spouse" insert "or surviving civil partner".
(3) After "surviving spouse", in each place, insert "or surviving civil partner".
(4) In paragraph (b), after "the marriage took place" insert "or the civil partnership was formed".
17.
In article 4 (which describes when article 3 does not apply), in paragraph (1) after "surviving spouse's" insert "or surviving civil partner's".
18.
—(1) Article 5 (annual rate of surviving spouse's pension) is amended as follows.
(2) In the side-note, after "surviving spouse's" insert "or surviving civil partner's".
(3) After "surviving spouse's" insert "or surviving civil partner's".
19.
In article 6 (relationship to other benefits), after "surviving spouse", in each place, insert "or surviving civil partner".
20.
In article 7 (entitlement to have effect notwithstanding other enactments), after "surviving spouse's" insert "or surviving civil partner's".
The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997[46]
21.
The Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order (Northern Ireland) 1997 is amended as follows.
22.
—(1) Article 3 (entitlement of surviving spouse to a pension) is amended as follows.
(2) In the side-note, after "surviving spouse" insert "or surviving civil partner".
(3) After "surviving spouse", in each place, insert "or surviving civil partner".
(4) In paragraph (b), after "the marriage took place" insert "or the civil partnership was formed".
23.
In article 4 (which describes when article 3 does not apply), in paragraph (1) after "surviving spouse's" insert "or surviving civil partner's".
24.
—(1) Article 5 (annual rate of surviving spouse's pension) is amended as follows.
(2) In the side-note, after "surviving spouse's" insert "or surviving civil partner's".
(3) After "surviving spouse's" insert "or surviving civil partner's".
25.
In article 6 (relationship to other benefits), after "surviving spouse", in each place, insert "or surviving civil partner".
26.
In article 7 (entitlement to have effect notwithstanding other enactments), after "surviving spouse's" insert "or surviving civil partner's".
Rules of the Church of England Funded Pensions Scheme
2.
The Rules of the Church of England Funded Pensions Scheme[48] are amended as follows.
3.
—(1) In the heading to rule 7 (pensions for spouses and children), after "spouses" insert ", civil partners".
(2) In rule 7.1 (spouse's pension), after "remarries" insert "or forms a civil partnership".
(3) In rule 7.5 (children's pension)—
(4) After rule 7.5 insert—
(5) In rule 12.3 (benefits not assignable), after "spouse" insert "or civil partner".
(6) In the heading to rule 12.9 (pension sharing on divorce), after "divorce" insert "etc.".
(7) In rule 12.9.3(ii), after "new spouse" insert "or civil partner".
(8) In rule 12.9.4, after "surviving spouse" insert "or civil partner".
(9) After rule 12.9.4 insert—
4.
Paragraphs 2 and 3 do not affect any other power to amend any provision of the Rules (including any provision amended or inserted by those paragraphs).
[2] S.I. 1991/2631 (N.I. 24).back
[4] 1951 c.20; section 6A was inserted by Article 3(2) of the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24); section 7 was substituted by Article 4 of the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24); sections 10, 11, 12, 16, 21 and 22 were amended by Article 10(1) of and Schedule 3 to the Judicial Pensions (Northern Ireland) Order 1991; section 16 is also amended by section 82 of and paragraph 9 of Schedule 9 to the Social Security Act 1986 (c. 50) and section 4 of and paragraph 2 of Schedule 2 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9); Schedule 2A is inserted prospectively by Article 5 of and paragraph 3 of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24).back
[5] S.I. 1995/755 (N.I. 2).back
[6] S.I. 1991/2631 (N.I. 24).back
[8] 1959 c.25; section 122A was inserted by Article 3(1) of the Judicial Pensions (Northern Ireland) Order 1991 (N.I.24); section 123 was substituted by Article 4 of the Judicial Pensions (Northern Ireland) Order 1991 (N.I.24); section 126 was amended by Part 2 of Schedule 5 to the Judicature (Northern Ireland) Act 1978 (c.23) and Article 9(2) of and Schedule 3 to the Judicial Pensions (Northern Ireland) Order 1991; section 128 was amended by Part 2 of Schedule 1 to the County Courts (Northern Ireland) Order 1980 (c.23) and Schedule 3 to the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24); section 132 was amended by Part 2 of Schedule 5 to the Judicature (Northern Ireland) Act 1978 (c.23) and Schedule 3 to the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24); section 132A was inserted by Part 3 of Schedule 3 to the Judicial Pensions and Retirement Act 1993 (c.8); section 135 was amended by Schedule 3 to the County Courts (Northern Ireland) Order 1980 (N.I. 3), Part 1 of Schedule 5 to the Adoption (Northern Ireland) Order 1987 (N.I. 22) and Schedule 3 to the Judicial Pensions (Northern Ireland) Order (N.I. 24).back
[9] S.I. 1995/755 (N.I. 2).back
[10] S.I. 1991/2631 (N.I. 24).back
[11] ()1960 c.2; section 5 was substituted by Article 4 of the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24); section 8 was amended by Article 9 of and Schedule 3 to the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24); section 10 was amended by Schedules 3 and 4 to the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24); section 21A was inserted by Part 3 of Schedule 3 to the Judicial Pensions and Retirement Act 1993 (c.8); section 22 was amended by section 14 of the Administration of Justice Act 1973 (c.15), Part 1 of Schedule 5 to the Adoption (Northern Ireland) Order 1987 (N.I. 22) and Schedule 3 to the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24); Schedule 2 was inserted by Article 3(3) of, and Schedule 1 to, the Judicial Pensions (Northern Ireland) Order 1991 (N.I. 24).back
[12] S.I. 1995/755 (N.I. 2)back
[14] S.I. 1991/2631 (N.I. 24)back
[15] S.I. 1991/2631 (N.I. 24).back
[16] 1973 c.15; section 10 was amended by Schedule 4 to the Judicial Pensions Act 1981 (c.20) and paragraph 10(1) of Schedule 8 to the Judicial Pensions and Retirement Act 1993 (c.8).back
[17] 1981 c.20; section 14A was inserted by the Schedule to the Judicial Pensions (Personal Pension Option) Regulations 1988 (SI 1988/1417); section 14A was further amended by regulation 3 of the Judicial Pensions (Election against Benefits) Regulations 2003 (SI 2916/2003); sections 16, 18, 20, 22, 25, 29, 31 and 32 and paragraphs 15 of Schedule 1 and 7 of Schedule 3 were amended by and sections 18A and 19 and paragraph 6 of Schedule 1A inserted by, sections 79, 80, 118, 125 and 188 of, and Schedule 13 and paragraphs 26, 27, 29, 30 and 35 of Schedule 18 and Schedule 20 to the Courts and Legal Services Act 1990 (c.41); further amendments to section 14A were made by paragraph 4 of Schedule 1 to the Employment Rights (Dispute Resolution) Act 1998 (c.8); further amendments to section 18 were made by Part 1 of Schedule 5 to the Adoption (Northern Ireland) Order 1987 (SI 1987/2203); section 32A was inserted by paragraph 2 of Schedule 3 to the Judicial Pensions and Retirement Act 1993 (c.8); paragraph 6 of Schedule 1A was further amended by paragraph 29 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c.11), paragraph 14 of Schedule 8 to the Pension Schemes Act 1993 (c.48) and paragraph 18 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c.49).back
[22] 1993 c.8; no amendments to the 1993 Act are relevant to those made in this Order.back
[23] 1960 8 & 9 Eliz 2 No. 1; section 20(2A) was substituted by the Church of England (Miscellaneous Provisions) Measure 2005 (2005 No. 3), section 5(4).back
[24] 1961 9 & 10 Eliz 2 No. 3; sections 17(3) and 26 were amended by the Clergy Pensions (Amendment) Measure 1982 (1982 No. 2), sections 1 and 2; further amendments were made to these sections and to sections 27(1), 30, 38(1) and 40 by the Church of England (Pensions) Measure 1988 (1988 No. 4), sections 11 to 13 and Schedule 2, Part 1, paragraphs 12, 16 and 17; section 38A was inserted by S.I. 1988/2239; section 26 was further amended by the Church of England (Pensions) Measure 2003 (2003 No.2), section 3.back
[25] 1972 No. 5; section 6 was amended by the Church of England (Pensions) Measure 1988 (1988 No. 4), section 16 and the Pensions Measure 1997 (1997 No. 1), section 10(1), Schedule 1, Part 1, paragraphs 15 and 17(b).back
[26] 1980 No. 1; section 1 was amended by the Church of England (Pensions) Measure 1988 (1988 No. 4), Schedule 2, Part 2, paragraph 23 and the Pensions Measure 1997 (1997 No. 1), Schedule 1, Part 1, paragraph 18(a).back
[27] 1983 No. 1; paragraph 13 of Schedule 4 was amended by the Priests (Ordination of Women) Measure 1993 (1993 No. 2), Schedule 3, paragraph 8.back
[30] S.R. 1995/189 as amended by S.R. 1996/10.back
[31] S.R. 1987/101 as amended by S.R. 1987/160 and S.R. 1989/130.back
[33] S.I. 1995/632, amended by S.I. 1996/2893, 1997/1687.back
[38] S.I. 1995/639, amended by S.I. 1996/52; the other amending instrument is not relevant.back
[41] S.I. 1995/634 revoked in relation to Northern Ireland by 1995/2647.back
[42] S.I. 1995/2647, amended by 1997/2667.back
[47] S.I. 1988/2256; amended by the Pensions Measure 1997 (1997 No. 1) and by S.I. 1992/1748 and 1997/1929.back
[48] Scheduled to the Trust Deed made on 5th December 1997 by the Church of England Pensions Board under section 1(3) of the Pensions Measure 1997 (1997 No. 1). The Rules took effect on 1st January 1998. Rule 12.9 was inserted (and other amendments made which are not relevant to this Order) by a further Deed dated 22nd July 2002.back
[49] S.I. 2003/1661 as amended by S.I. 2003/2827. Regulation 9A is subject to an exception in regulation 25, which is amended by S.I. 2005/2114, Schedule 17, paragraph 7(3).back