PART 8Public Service Pension Schemes
Civil ServiceI1122
1
The Principal Civil Service Pension Scheme (Northern Ireland) 1981, made on 20th November 1981205, is amended as follows.
2
In Section 1 (the 2002 Section), after rule E1.A insert—
Marriage of a same-sex coupleE.1B
1
In this Section of the Scheme—
a
a reference to civil partnership is to be read as including a reference to marriage of a same-sex couple,
b
a reference to civil partners is to be read as including a reference to a married same-sex couple,
c
a reference to a civil partner is to be read as including a reference to a person who is married to a person of the same sex, and
d
a reference to a surviving civil partner is to be read as including a reference to a survivor of a marriage of a same-sex couple.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
3
In Section 2 (the 1972 Section), in Section 4 (widows’ and dependants’ benefits), in Part 8 (civil partnership), after rule 4.79 insert—
4.79A
For the purposes of rule 4.79 it does not matter whether the civil servant or the civil servant’s surviving civil partner is a man or a woman but a surviving civil partner is only entitled to pension and other benefits payable under the rules of this scheme as they apply to them as either a widow or widower (and not as both).
4.79B
Where rule 4.79 requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly.
4.79C
For the purposes of rules 4.79, 4.79A and 4.79B it does not matter how a reference is expressed.
4
In Section 2 (the 1972 Section), in Section 4 (widows’ and dependants’ benefits), after Part 8 insert—
Part 9: Marriage of a same-sex couple
4.84
In this scheme—
i
a reference to civil partnership is to be read as including a reference to marriage of a same-sex couple,
ii
a reference to civil partners is to be read as including a reference to a married same-sex couple,
iii
a reference to a civil partner is to be read as including a reference to a person who is married to a person of the same sex, and
iv
a reference to a surviving civil partner is to be read as including a reference to a survivor of a marriage of a same-sex couple.
4.85
Where rule 4.84 requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly.
4.86
For the purposes of rules 4.84 and 4.85 it does not matter how a reference is expressed.
4.87
4.88
5
In Section 3 (the 2007 Section), after rule F.1 insert—
F.1AMarriage of a same-sex couple
1
In this Section—
a
a reference to civil partnership is to be read as including a reference to marriage of a same-sex couple,
b
a reference to civil partners is to be read as including a reference to a married same-sex couple,
c
a reference to a civil partner is to be read as including a reference to a person who is married to a person of the same sex, and
d
a reference to a surviving civil partner is to be read as including a reference to a survivor of a marriage of a same-sex couple.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
5