PART 6Amendments: Pensions and Social Security: Primary Legislation

District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960I156

1

The District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 196076 is amended as follows.

2

In the section 4A inserted by the Personal Pension Option (No. 1) Regulations (Northern Ireland) 198977, after “widow’s” insert “, widower’s”.

3

In section 578 (widows’, widowers’ and surviving civil partners’ pensions), after subsection (1) insert—

1A

A surviving civil partner’s pension may not be granted in respect of a person’s service if—

a

the person retired from relevant service before 13th January 2020, and

b

power to grant the pension relies on the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019.

4

In section 6(4)79 (no children’s pension for daughters who are married or for children who are civil partners), omit “female” in both places it occurs.

5

The amendment made by paragraph (4) applies only where the death of the deceased occurs on or after 13th January 2020.

6

In section 1280 (power to make rules for part-surrender of pension in return for pension for wife or dependants)—

a

in subsections (1) and (2), for “wife”, in each place it occurs, substitute “spouse or civil partner”,

b

in subsection (3), after “widow’s” insert “, widower’s, surviving civil partner’s”, and

c

after subsection (3) insert—

3A

Rules under this section, or section 13, may make different provision for different purposes.

7

In section 13 (further power to make rules for part-surrender of pension in return for pension for wife)—

a

in subsection (1)—

i

after “married” insert “or formed a civil partnership”,

ii

after “marriage” insert “or of the formation of the civil partnership”, and

iii

for “wife” substitute “spouse or civil partner”, and

b

in subsection (3)—

i

for “wives”, in both places it occurs, substitute “spouses and civil partners”, and

ii

after “marriage” insert “or of the formation of the civil partnership”.

8

In Part 2 of Schedule 281 (surviving civil partners’ pensions: transitional provision), in paragraph 5, in the definition of “relevant date”, after “2005” insert “, but means 12th January 2020 in relation to a civil partnership formed between two people not of the same sex”.