SCHEDULE 1
Article 2(1)
Amendments of subordinate legislation relating to pension sharing on divorce
1. Pensions on Divorce etc. (Provision of Information) Regulations 2000
(1) Amend the Pensions on Divorce etc. (Provision of Information) Regulations 20008as follows.
(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—
(a)
(a) in the definition of “notice of discharge of liability”, after “former spouse” insert “or former civil partner”;
(b)
(b) in the definition of “notice of implementation”, after “former spouse” insert “or former civil partner”.
(3) In regulation 2 (basic information about pensions and divorce)—
(a)
(a) in the heading preceding it, at the end add “or dissolution of a civil partnership”;
(b)
(b) in paragraph (1), after “the spouse” (in each place) insert “or civil partner”;
(c)
(c) in paragraph (6)—
(i) in sub-paragraph (b), after “spouse” insert “or civil partner”;
(ii) after “his spouse,” insert “civil partner,”.
(4) In regulation 3 (information about pensions and divorce: valuation of pension benefits)—
(a)
(a) in the heading preceding it, after “and divorce” insert “and dissolution of a civil partnership”;
(b)
(b) in paragraph (1), for “section 23(1)(a)(i) or (iii)” substitute “section 23(a)(i), (ia), (iii) or (iv)”9.
(5) In regulation 10 (provision of information after receipt of an earmarking order), in paragraph (5)(a), after “divorce” insert “or dissolution of a civil partnership”.
2. Pensions on Divorce etc. (Charging) Regulations 2000
(1) Amend the Pensions on Divorce etc. (Charging) Regulations 200010as follows.
(2) In regulation 2 (general requirements as to charges)—
(a)
(a) in paragraph (1)(a)(i), after “divorce” insert “or dissolution of a civil partnership”;
(b)
(b) in paragraph (2), for “his spouse” (in each place) substitute “the member’s spouse or civil partner”;
(c)
(c) in paragraph (8)11—
(i) for “his spouse” where those words first appear substitute “the member’s spouse or civil partner”;
(ii) in sub-paragraph (a), for “his spouse” substitute “the member’s spouse, civil partner”.
(3) In regulation 6 (additional amounts recoverable in respect of pension sharing activity), in paragraph (2)(b), for “his spouse” substitute “the member’s spouse or civil partner”.
3. Pension Sharing (Valuation) Regulations 2000
In regulation 2 of the Pension Sharing (Valuation) Regulations 200012(rights under a pension arrangement which are not shareable), in paragraph (1)(b), after “by virtue of being the widow, widower” insert “, surviving civil partner”.
4. Pension Sharing (Implementation and Discharge of Liability) Regulations 2000
In regulation 15 of the Pension Sharing (Implementation and Discharge of Liability) Regulations 200013(disqualification as a destination for pension credit – annuity contracts and insurance policies), in paragraph (2)(b), for “widow or widower” substitute “widow, widower or surviving civil partner”.
5. Pension Sharing (Pension Credit Benefit) Regulations 2000
In regulation 15 of the Pension Sharing (Pension Credit Benefit) Regulations 200014(further conditions on which liability may be discharged), in paragraph (2)(a), for “widow or widower” substitute “widow, widower or surviving civil partner”.
6. Pension Sharing (Safeguarded Rights) Regulations 2000
(1) Amend the Pension Sharing (Safeguarded Rights) Regulations 200015as follows.
(2) In regulation 6 (ways of giving effect to safeguarded rights – money purchase schemes)—
(a)
(a) in paragraph (2)—
(i) in sub-paragraph (a), for “widow or widower” substitute “widow, widower or surviving civil partner”;
(ii) in sub-paragraph (b), after “widower,” insert “surviving civil partner”;
(b)
(b) in paragraph (9)(a), for “widow or widower” substitute “widow, widower or surviving civil partner”.
(3) In regulation 9 (ways of giving effect to safeguarded rights – salary related schemes), in paragraph (8)(a), for “widow or widower” substitute “widow, widower or surviving civil partner”.
7. Sharing of State Scheme Rights (Provision of Information and Valuation) (No. 2) Regulations 2000
(1) Amend the Sharing of State Scheme Rights (Provision of Information and Valuation) (No. 2) Regulations 200016as follows.
(2) In regulation 2 (basic information about the sharing of state scheme rights and divorce)—
(a)
(a) in the heading preceding it, after “and divorce” add “or the dissolution of a civil partnership”;
(b)
(b) in paragraph (1)(b), after “spouse” (in each place) insert “or civil partner”;
(c)
(c) in paragraph (3)(c), after “spouse” insert “or civil partner”;
(d)
(d) in paragraph (5)—
(i) in sub-paragraph (b), after “the spouse” insert “or civil partner”;
(ii) after “his spouse,” insert “civil partner,”.
(3) In the heading preceding regulation 3 (information about the sharing of state scheme rights and divorce: valuation of shareable state scheme rights), after “and divorce” insert “or dissolution of a civil partnership”.
