- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005 No. 2050
31. Amend regulation 12 (death of member before effect given to his protected rights)(1) as follows—
(a)in paragraph (2) (in each place) and paragraphs (3), (5), (9), (11)(a), (12), (13) and (14), for “widow or widower” substitute “widow, widower or surviving civil partner”;
(b)for sub-paragraph (b) of paragraph (5) substitute the following sub-paragraphs—
“(b)in the case of a widow or widower, remarries or, in the case of a surviving civil partner, marries while under pensionable age; or
(c)subject to paragraph (15), in the case of a widow or widower, forms a civil partnership or, in the case of a surviving civil partner, forms a subsequent civil partnership while under pensionable age.”;
(c)for sub-paragraph (b) of paragraph (9), substitute the following sub-paragraphs—
“(b)in the case of a widow or widower remarried or, in the case of a surviving civil partner, married while under pensionable age; or
(c)subject to paragraph (15), in the case of a widow or widower, formed a civil partnership or, in the case of a surviving civil partner, formed a subsequent civil partnership while under pensionable age.”;
(d)after paragraph (14) add the following paragraph—
“(15) Paragraphs (5)(c) and (9)(c) do not apply where the member dies before 5th December 2005.”.
Regulation 12 was amended by S.I. 2002/681.
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