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The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005

Type Ni-Statutory-Rule
Publication 2005-09-29
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
articles 1
Reform history JSON API PDF

Made: 29th September 2005

Coming into operation in accordance with Article 1(2) and (3)

The Department for Social Development in exercise of the powers conferred on it by sections 254(5) and 259 of the Civil Partnership Act 2004[^f00001], and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1

on 10th November 2005.

Amendment of legislation

2

The Schedule, which contains amendments of provisions of Acts and Orders relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners, shall have effect.

SCHEDULE — Amendment of provisions of Acts and Orders relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners

PART 1 — Amendment of the Contributions and Benefits Act

1

The Contributions and Benefits Act is amended as follows.

2

In section 48C(4)[^f00005] (Category B retirement pension: general), after “spouse” there shall be inserted “or civil partner”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In section 55[^f00007] (pension increase or lump sum where entitlement to retirement pension is deferred)—

5

In section 62(1)(c)[^f00008] (graduated retirement benefit)—

6

In Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred)—

, and (c) where W is a surviving civil partner, an amount equal to the sum of the amounts set out in paragraph 6A(2) below

(6A) (1) This paragraph applies where W (referred to in paragraph 5 above) is a surviving civil partner. (2) The amounts referred to in paragraph 5(2)(c) above are the following— (a) one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988, (b) one-half of the appropriate amount after it has been reduced by the amount of any increases under section 105 of the Pensions Act, and (c) one-half of any increase to which the deceased civil partner had been entitled under paragraph 5 above.

PART 2 — Amendment of the Social Security Administration (Northern Ireland) Act 1992

7

The Social Security Administration (Northern Ireland) Act 1992[^f00024] is amended as follows.

8

In section 125(1) (furnishing of addresses for maintenance proceedings, etc.)—

(b) for the maintenance or education of any child of the person, or of any child of the person’s spouse, former spouse, civil partner or former civil partner.

9

In section 135(7)(c)[^f00025] (effect of alteration of rates of benefits under Parts II to V of the Contributions and Benefits Act), for “widows and widowers” there shall be substituted “widows, widowers and surviving civil partners”.

10

In section 139B(6)[^f00026] (effect of alterations affecting state pension credit), in the definition of “war widow’s or widower’s pension”—

PART 3 — Amendment of the Pension Schemes (Northern Ireland) Act 1993

11

The Pension Schemes (Northern Ireland) Act 1993[^f00027] is amended as follows.

12

In section 66(1) (interpretation: Part IV), in the definition of “long service benefit”, for “wife or husband, widow or widower” there shall be substituted “wife, husband, civil partner, widow, widower or surviving civil partner”.

13

In section 80(5)[^f00028] (basis of revaluation), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

14

In section 92(3)(a)[^f00029] (further provisions concerning exercise of option under section 91), for “widow’s or, as the case may be, widower's” there shall be substituted “widow's, widower’s or surviving civil partner’s (as the case may be)”.

15

In section 109(2)(b) (disclosure of information about schemes to members, etc.), after “spouses” there shall be inserted “or civil partners”.

16

In section 125(3)(e) (overriding requirements)—

17

In section 142(7)(b) (functions of the Pensions Ombudsman), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

18

In section 155A(2)(a)(i)[^f00030] (no forfeiture on bankruptcy of rights under personal pension schemes), after “rights on divorce etc.” there shall be inserted “or on dissolution etc. of a civil partnership”.

19

In section 176(1) (general interpretation), in the definition of “money purchase benefits”, for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

20

In Schedule 2 (methods of revaluing accrued pension benefits), in paragraph 1(1)(a) (the final salary method) for “widow’s or widower's” there shall be substituted “widow's, widower’s or surviving civil partner's”.

PART 4 — Amendment of the Pensions (Northern Ireland) Order 1995

21

The Pensions (Northern Ireland) Order 1995[^f00031] is amended as follows.

22

In Article 41(4)(b) (provision of documents for members), after “spouses” there shall be inserted “or civil partners”.

23

In Article 63(2) (equal treatment rule: supplementary), for “family or marital status” there shall be substituted “family, marital or civil partnership status”.

24

In Article 89(5)[^f00032] (inalienability of occupational pension), in sub-paragraphs (a), (b) and (c), after “widower” there shall be inserted “, surviving civil partner”.

25

In Article 90(3) (forfeiture, etc.), for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b) the spouse, civil partner, widow, widower or surviving civil partner of the member,

26

In Article 121(1) (interpretation of Part II), after the definition of “the Authority” there shall be inserted the following definition—

  • “civil partnership status” in relation to a person, means whether that person has previously formed a civil partnership and, if so, whether that civil partnership has ended,

PART 5 — Amendment of the Welfare Reform and Pensions (Northern Ireland) Order 1999

27

In Article 49(2)[^f00033] (preservation of rights in respect of additional pensions), for “widows or widowers” there shall be substituted “widows, widowers or surviving civil partners”.

PART 6 — Amendment of the Pensions (Northern Ireland) Order 2005

28

The Pensions (Northern Ireland) Order 2005[^f00034] is amended as follows.

29

In Article 20(6) (consequences of freezing order), in the definition of “pension earmarking order”—

(aa) an order under Part 1 (financial provision in connection with dissolution, nullity or separation) of Schedule 15 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.: Northern Ireland) so far as it includes provision made by virtue of paragraphs 20 and 21 of Part 5 of that Schedule (powers to include provisions about pensions),

, or (d) an order under Part 1 (financial provision in connection with dissolution, nullity or separation) of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.) so far as it includes provision made by virtue of paragraphs 25 and 26 of Part 6 of that Schedule (powers to include provisions about pensions).

30

In Article 250 (resolution of disputes), in the substituted Article 50A(1)(b), after “widower” there shall be inserted “, surviving civil partner”

31

In Schedule 9 (deferral of retirement pensions and shared additional pensions), in paragraph 21 of Part 3 (transitional provisions)—

Signed

Sealed with the Official Seal of the Department for Social Development on 29th September 2005

John O'Neill — A senior officer of the — Department for Social Development

Explanatory note

(This note is not part of the Order)

This Order makes amendments to provisions of Acts and Orders relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners.

Article 1 provides for citation, commencement and interpretation, and Article 2 introduces the Schedule containing the amendments.

Part 1 of the Schedule contains amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Contributions and Benefits Act”).

Part 2 contains amendments of the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”).

Part 3 contains amendments to sections 66, 80, 92, 109, 125, 142, 155A and 176 of, and paragraph 1 of Schedule 2 to, the Pension Schemes (Northern Ireland) Act 1993 to extend provisions in the Act in respect of spouses to civil partners, and in respect of widows or widowers to surviving civil partners.

Part 4 contains amendments to Articles 41, 63, 89, 90 and 121 of the Pensions (Northern Ireland) Order 1995 extending certain provisions to civil partners and surviving civil partners.

Part 5 amends Article 49(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999, extending the provision on the preservation of rights in respect of additional pensions to surviving civil partners.

Part 6 amends the Pensions (Northern Ireland) Order 2005 (“the 2005 Order”).

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