The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016 N.I.

113.—(1) The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016(1) are amended as follows.

(2) In regulation 12(1)—

(a) in the words before sub-paragraph (a), for “a pension to be payable to a widower or surviving civil partner” substitute “such a pension to be payable”, and

(b) in sub-paragraphs (a) to (e), after “widower”, in each place it occurs, insert “, widow”.

(3) In regulation 13—

(a) in the heading, after “widower’s” insert “, widow’s”,

(b) in paragraphs (1), (3) and (3B), after “widower’s” insert “, widow’s”,

(c) in paragraph (4)(a), after “widower” insert “, widow”,

(d) in paragraph (4), for sub-paragraphs (b) to (d) substitute—

“(b) during which the surviving spouse or civil partner is under pensionable age and he or she and another person are living together as if spouses of each other; or

(c) after the surviving spouse or civil partner has attained pensionable age if, immediately before he or she attained that age, he or she and another person were living together as if spouses of each other.”,

(e) in paragraph (4A)(a), after “widower” insert “, widow”, and

(f) in paragraph (4A), for sub-paragraph (b) substitute—

“(b) during which the surviving spouse or civil partner and another person are living together as if spouses of each other.”, and

(g) in paragraph (5)—

(i) before sub-paragraph (a) insert—

“(za) paragraphs (4)(a)(i) and (4A)(a)(i) so far as they relate to a marriage involving two people of the same sex,”, and

(ii) in sub-paragraph (a) omit “(b)(ii), (c)(ii) and (d)(ii), and”,

(iii) in sub-paragraph (b), for “and (b)(ii).” substitute “, and”, and

(iv) after sub-paragraph (b) insert—

“(c) paragraphs (4)(b) and (c) and (4A)(b) so far as they relate to the living together of two people of the same sex.”.

(4) In regulation 19—

(a) in paragraph (2)(b)(ii), after “widower’s” insert “, widow’s”,

(b) in paragraph (3)(b)(i), for the words after “surviving civil partner” substitute “and another person are living together as if spouses of each other, nor”,

(c) in paragraph (3)(c), after “for widows” insert “whose spouse was a man”,

(d) in paragraph (3)(d)—

(i) after “widowers” insert “, widows whose spouse was a woman”, and

(ii) after “widower’s” insert “, widow’s”, and

(e) in paragraph (4)—

(i) at the beginning insert “For the purposes of paragraph (3)(b),”, and

(ii) for sub-paragraph (a) (including the “and” at the end) substitute—

“(a) paragraph (3)(b)(i) so far as it relates to the living together of two people of the same sex;

(aa) paragraph (3)(b)(ii)(aa) so far as it relates to a marriage involving two people of the same sex, and”.

Commencement Information

I1 Reg. 113 in force at 13.1.2020, see reg. 1(2)

(1)

S.R. (N.I.) 2016/107. Relevant amendments were made by S.R. (N.I.) 2017/57.