The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005 No. 2050

SCHEDULE 2Amendments of provisions of Regulations relating to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners

PART 1The Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations 1987 (S.I. 1987/1113)(1)

2. Amend regulation 5 (guaranteed minimum pension to which earner’s widow or widower is treated as entitled after minimum payments have been made)(2) as follows—

(a)in the heading preceding it, for “widow or widower” substitute “widow, widower or surviving civil partner”;

(b)for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”;

(c)in paragraph (2), after “widower” insert “or surviving civil partner”.

(1)

Section 48 of the Pension Schemes Act 1993 (c.48) ceased to have effect for minimum payments or minimum contributions paid from 6th April 1997, in consequence of section 140(3) of the Pensions Act 1995 (c.26). Accordingly regulations 3 and 5 of S.I. 1987/1113 lapsed in relation to those cases. However, S.I. 1987/1113 continues to have effect for minimum payments or minimum contributions paid earlier than 6th April 1997.

(2)

Regulation 5 was amended by S.I. 1994/1062 and S.I. 1996/776.