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

Other public service pension schemes

123.—(1) In this regulation “relevant scheme” means a pension scheme established by one or more instruments made under Northern Ireland legislation by a Department or other public authority and relating to service connected with any of the following public services—

(a) firefighting, or fire and rescue services, in Northern Ireland;

(b) health services, or personal social services, in Northern Ireland;

(c) teaching in Northern Ireland.

(2) Regulations 6(1) and (2) and 7(1) to (3) do not apply to existing provisions of a relevant scheme.

(3) The existing provisions of a relevant scheme are to apply (despite anything to the contrary in those provisions and so far as they do not otherwise do so)—

(a) in relation to a man who is the surviving civil partner of a female member as they apply in relation to the widower of a female member, and

(b) in relation to—

(i) any other surviving civil partner of a member,

(ii) the widower of a male member, or

(iii) the widow of a female member,

as they apply in relation to the widow of a male member, and

(c) without taking account of any full gender recognition certificate issued under the Gender Recognition Act 2004 to a member, or a member’s spouse or civil partner, at a time during their marriage or civil partnership.

(4) Power to make or amend a relevant scheme includes power to modify the application of, or disapply, either or both of paragraphs (2) and (3) in relation to the scheme or any provision of the scheme.

(5) In this regulation “existing provisions” means provisions made before 13th January 2020.