SCHEDULE 1Consequential amendments to subordinate legislation
PART 2Enactments etc.: public service pension schemes
Public service pension schemes: general11
1
The public service pension schemes referred to in the second column of the table at sub-paragraph (2) are amended in accordance with columns 3 and 4 of that table.
2
The table referred to in sub-paragraph (1) is as set out below.
Entry | Pension Scheme | First set of amendments | Second set of amendments |
|---|---|---|---|
1 | The Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England22. | In paragraph 1 of Part 3 of Schedule 1 (marriage of a same sex couple), for “In” at the beginning of sub-paragraph (1) substitute “Subject to paragraph 3, in”. | After paragraph 2 (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “3” and with the words “these Regulations” substituted by “this Scheme”. |
2 | The Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales23. | In paragraph 1 of Part 3 of Schedule 1 (marriage of a same sex couple), for “In” at the beginning of sub-paragraph (1) substitute “Subject to paragraph 3, in”. | After paragraph 2 (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “3” and with the words “these Regulations” substituted by “this Scheme”. |
3 | The Local Government Pension Scheme Regulations 199724. | In regulation 42B (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to regulation 42D, in”. | After regulation 42C (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “42D”. |
4 | The Teachers’ Pension Regulations 201025. | In regulation 2A (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to regulation 2C, in”. | After regulation 2B (living together as a same sex couple) insert the provision made by sub-paragraph (4) with the number “1” substituted by the number “2C”. |
5 | The Royal Mail Statutory Pension Scheme26. | In rule 2A (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to Rule 2C, in”. | After Rule 2B (living together as a same sex couple) insert the provision made by sub-paragraph (4) with the number “1” substituted by the number “2C” and with the words “these Regulations” in both places they occur substituted by “this Scheme”. |
3
The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 1 to 3 of the table is—
Continuation of marriage where Scheme member acquires new legal gender1
Where—
a
a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 200427, and
b
at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widow is to be treated for the purposes of these Regulations as if the certificate had not been issued.
4
The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 4 and 5 of the table is—
Continuation of marriage where Scheme member acquires new legal gender1
1
Where—
a
a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widow is to be treated for the purpose of these Regulations as if the certificate had not been issued.
2
Where—
a
a deceased Scheme member was a man by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of the member’s death, he was married to a man and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widower is to be treated for the purpose of these Regulations as if the certificate had not been issued.