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

Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988 N.I.

82.—(1) The Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988(1) is amended as follows.

(2) In article 4, for “his widow” substitute “that person’s surviving spouse or surviving civil partner”.

(3) In article 7—

(a) in the heading, for “Widow’s” substitute “Surviving spouse’s or surviving civil partner’s”,

(b) in paragraph (1), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and

(c) in paragraph (2), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

(4) In article 9—

(a) for the heading substitute “Guaranteed minimum pension for surviving spouse or surviving civil partner”,

(b) in paragraph (1)—

(i) for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and

(ii) for “her” substitute “that survivor’s”, and

(c) in paragraph (3)(b), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

(5) Omit article 10.

(6) In article 11(3), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

(7) For article 12(1) substitute—

“(1) Where, on the date when an office-holder (“O”) ceases to hold office, O is neither married nor in a civil partnership, O may be required to undertake, in return for payment to O of a lump sum under or by virtue of whichever of the enactments mentioned in paragraph (2) is applicable to O, that O will, on the first time afterwards O enters into a relevant relationship, pay a contribution in respect of benefits that may become payable to O’s surviving spouse or surviving civil partner by virtue of articles 7 and 9; and for this purpose O enters into a relevant relationship if O marries or enters into civil partnership.”.

(8) In article 12(3)—

(a) for “the office-holder’s” substitute “O’s”,

(b) for “his” substitute “O’s prior to 6th April 1997”(2),

(c) in sub-paragraph (a), for each of “him” and “he” substitute “O”,

(d) in sub-paragraph (b)(i), for “he was a married man” substitute “O was married or in a civil partnership”, and

(e) in sub-paragraph (b)(ii), for “his contracted before he” substitute “O’s contracted, or a civil partnership of O’s entered into, before O”.

(9) In article 13 —

(a) in the heading, after “marriage” insert “or entry into a civil partnership”, and

(b) for the words after “Where” substitute “an office-holder (“O”) marries or enters into a civil partnership after O has ceased to hold office, and not more than six months before O’s death, any pension paid to O’s surviving spouse or surviving civil partner by virtue of this Order is to be limited to the guaranteed minimum pension due to that person.”.

Commencement Information

I1 Reg. 82 in force at 13.1.2020, see reg. 1(2)

(1)

S.R. (N.I.) 1988/294. Article 10 was amended by Schedule 6 to S.I. 2005/3325.

(2)

6th April 1997 was appointed as the Principal Appointed Day for the purposes of Part 4 of the Pensions (Northern Ireland) Order 1995 by article 2 of S.R. (N.I.) 1996/91.