PART 8Public Service Pension Schemes

PoliceI1119

1

The Royal Ulster Constabulary Pensions Regulations 1988184 are amended as follows.

2

In regulation A11(2)185 (meaning of “disablement”) omit “or the widower of a member”.

3

In regulation G6186 (payments by women members to enhance widowers’ awards)—

a

after paragraph (1A)187 insert—

1B

An election under this regulation which is made by virtue of the amendments to these Regulations by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 may secure the counting of pensionable service before 6th April 1988 irrespective of whether an election to which paragraph (1A) applies was previously made.

b

in paragraph (3), after sub-paragraph (f)188 insert—

, or

g

in the case of a woman by whom contributions are payable under regulation G2 on or before 13th January 2020 who elects to secure the counting of pensionable service after 5th April 1988 and before 17th May 1990 (not being service which is already the subject of an election to enhance her surviving spouse’s or surviving civil partner’s award), 13th January 2020, or

h

in the case of a woman who was or is entitled to make an election under paragraph (1) to which sub-paragraphs (e) to (g) apply, who elects to secure the counting of pensionable service before 6th April 1988 (not being service which is already the subject of an election to enhance her surviving spouse’s or surviving civil partner’s award), 13th January 2020.

c

in paragraph (4A)189, for “or (f)” substitute “, (f), (g) or (h)”, and

d

in paragraph (13)(a)190, for “or (f)” substitute “, (f), (g) or (h)”.

4

In regulation J1191 (member with a guaranteed minimum for the purposes of the Social Security Pensions (Northern Ireland) Order 1975)—

a

in paragraph (4)—

i

in the words before sub-paragraph (a), omit “that entitlement shall cease if she remarries or has remarried or forms a civil partnership before attaining the age of 60 years and”, and

ii

omit sub-paragraph (b), and the “or” preceding it,

b

in paragraph (4A)—

i

in the words before sub-paragraph (a), omit “that entitlement shall cease if he remarries or has remarried or forms a civil partnership before attaining the age of 65 years and”, and

ii

omit sub-paragraph (b), and the “or” preceding it,

c

in paragraph (4B)—

i

in the words before sub-paragraph (a)—

aa

after “leaving” insert “a surviving spouse who is the same sex as the member or”,

bb

before “surviving civil partner” insert “surviving spouse or”, and

cc

omit “that entitlement shall cease if he marries, remarries or has married or remarried or forms a civil partnership before attaining the age of 65 years and”, and

ii

omit sub-paragraph (b), and the “or” preceding it,

d

in paragraph (5B), before “surviving civil partner” insert “surviving spouse or”, and

e

after paragraph (7) insert—

8

Regulations 6(1) and (2) and 7(1) to (3) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (effect of, and interpretation of existing legislation in consequence of, extension of marriage to same-sex couples) do not apply to provisions of this regulation other than the provisions substituted by regulation 119(4) of those Regulations.

5

In Schedule C (widow’s awards)—

a

in paragraph 1 of Part 1, in sub-paragraph (2A)192, for “a widower” substitute “the surviving spouse”,

b

in paragraph 1 of Part 1, omit sub-paragraphs (2B) and (2C)193,

c

in paragraph 3194 of Part 1, for “a man or a surviving civil partner of a woman” substitute “a surviving spouse or a surviving civil partner”,

d

in paragraph 1 of Part 3, in sub-paragraph (1A)195, for “a widower” substitute “the surviving spouse”,

e

in paragraph 1 of Part 3, omit sub-paragraphs (1B) and (1C)196,

f

in paragraph 3 of Part 3, in sub-paragraph (4)197, for “man or a surviving civil partner of a woman” substitute “surviving spouse or a surviving civil partner”,

g

in paragraph 4198 of Part 4, for “a widower” substitute “the surviving spouse”,

h

omit paragraphs 5 and 6199 of Part 4,

i

in paragraph 1200 of Part 5—

i

in sub-paragraph (a)—

aa

for “a widower” substitute “the surviving spouse”, and

bb

omit “, subject to paragraph 1A,”, and

ii

omit sub-paragraph (b), and the “and” preceding it, and

j

omit paragraph 1A201 of Part 5.