SCHEDULE 1
Regulation 2
AMENDMENTS TO THE POLICE PENSIONS REGULATIONS 1987
1. In regulation B9 (allocation)–
(a) in paragraph (2)(c)–
(i) after “marry or remarry” insert “or form a civil partnership or a subsequent civil partnership”;
(ii) after “spouse by that marriage” insert “or civil partner by that civil partnership”;
(b) in paragraph (3)–
(i) after “marry or remarry” insert “or form a civil partnership or a subsequent civil partnership”;
(ii) after “spouse by that marriage” insert “or civil partner by that civil partnership”;
(c) in paragraph (5)(b)–
(i) after “marry or remarry” insert “or form a civil partnership or a subsequent civil partnership”;
(ii) after “spouse by that marriage” insert “or civil partner by that civil partnership”;
(iii) after “intended marriage” insert “or the intended formation of his civil partnership”;
(d) in paragraph (6)(b)–
(i) after “proposed marriage takes place” insert “or the proposed civil partnership is formed”;
(ii) after “date of the marriage” insert “or of the formation of the civil partnership”.
2. (a) In regulation C5 (limitation on award to widow with reference to date of marriage and pension in case of post-retirement marriage) after the words “married to her husband”, in both places where they appear, insert “or, as the case may be, had formed a civil partnership with her civil partner”.
(b) For the heading of regulation C5, substitute “limitation on award to widow with reference to date of marriage or formation of a civil partnership and pension in case of post-retirement marriage or formation of a civil partnership”.
3. For regulation C9 (termination of widow’s award on remarriage) substitute–
“Termination of widow’s or civil partner’s pension on remarriage, formation of new civil partnership or cohabitation
C9.—(1) Where a widow entitled to a pension under this Part was widowed before 5th December 2005 or was widowed after that date but her husband had ceased to serve as a member of a police force by that date, and–
(a)
(a) remarries or has remarried,
(b)
(b) forms or has formed a civil partnership, or
(c)
(c) with a person to whom she is not married lives together as husband and wife,
she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage, or after the formation of her civil partnership or after her cohabitation begins.
(2) Where the surviving civil partner of a member of a police force who had ceased to serve as a member of a police force by 5th December 2005 is entitled to a pension under this Part and–
(a)
(a) marries or has married,
(b)
(b) forms or has formed a new civil partnership, or
(c)
(c) with a person who is not her civil partner lives together as if they were civil partners,
she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage, or after the formation of her civil partnership, or after her cohabitation begins.
(3) Where a widow who does not fall within paragraph (1) or a surviving civil partner who does not fall within paragraph (2) is entitled to a pension under this Part and–
(a)
(a) marries or has married,
(b)
(b) remarries or has remarried,
(c)
(c) forms or has formed a civil partnership or new civil partnership,
(d)
(d) with a person to whom she is not married lives together as husband and wife, or
(e)
(e) with a person who is not her civil partner lives together as if they were civil partners,
she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage or remarriage, or after the formation of her civil partnership, or after her cohabitation begins.
(4) But if, at any time after her marriage, remarriage, the formation of her civil partnership or the beginning of her cohabitation, a person in any of paragraphs (1) to (3) has again become a widow or her civil partner dies or that marriage or civil partnership has been dissolved or annulled or that cohabitation ceases, the police authority may, in their discretion, bring the pension into payment.
Termination of widow’s or civil partner’s gratuity on remarriage, formation of new civil partnership or cohabitation
C9.—(1) Where a widow entitled to a gratuity under this Part was widowed before 5th December 2005 or was widowed after that date but her husband had ceased to serve as a member of a police force by that date, and–
(a)
(a) remarries or has remarried,
(b)
(b) forms or has formed a civil partnership, or
(c)
(c) with a person to whom she is not married lives together as husband and wife,
so much of the gratuity as has not been paid before her remarriage or the formation of her civil partnership or the beginning of her cohabitation shall not be payable thereafter.
(2) Where the surviving civil partner of a member of a police force who had ceased toserve as a member of a police force by 5th December 2005 is entitled to a gratuity under this Part and–
(a)
(a) marries or has married,
(b)
(b) forms or has formed a new civil partnership, or
(c)
(c) with a person who is not her civil partner lives together as if they were civil partners,
so much of the gratuity as has not been paid before her marriage or remarriage or the formation of her civil partnership or the beginning of her cohabitation shall not be payable thereafter.
(3) Where a widow who does not fall within paragraph (1) or a surviving civil partner who does not fall within paragraph (2) is entitled to a gratuity under this Part and–
(a)
(a) marries or has married,
(b)
(b) remarries or has remarried,
(c)
(c) forms or has formed a civil partnership or new civil partnership,
(d)
(d) with a person to whom she is not married lives together as husband and wife, or
(e)
(e) with a person who is not her civil partner lives together as if they were civil partners,
so much of the gratuity as has not been paid before her remarriage or the formation of her civil partnership or the beginning of her cohabitation shall not be payable thereafter.
(4) But if, at any time after her marriage, remarriage, the formation of her civil partnership or the beginning of her cohabitation, a person in any of paragraphs (1) to (3) has again become a widow or her civil partner dies or that marriage or civil partnership has been dissolved or annulled or that cohabitation ceases, the police authority may, in their discretion, pay to her the sums which they were actually or contingently liable to pay to her in respect of the gratuity immediately before her remarriage or the formation of her civil partnership or the beginning of her cohabitation.”
4. In regulation C10 (pension debit members) after “spouse” insert “or civil partner”.
5. In regulation D5 (child’s allowance or special gratuity – limitations)–
(a) in paragraph (1)(a) after “of a marriage which took place” insert “or of a civil partnership which was formed”;
(b) for paragraph (1)(b) substitute the following sub-paragraph–
“(b)
“(b) by reason of his being a step-child,–
(i) to the child of a spouse whose marriage to the relevant parent took place on or after the relevant date, or
(ii) to the child of a civil partner whose civil partnership with the relevant parent was formed on or after the relevant date;”;
(c) after paragraph (1) insert the following paragraph–
“1A The reference in paragraph (1)(a) to a child born of a civil partnership means a child–
(a) who is a child of a member of a civil partnership and has been adopted by the other member of that civil partnership; or
(b) who has been adopted by two persons who have formed a civil partnership.”.
6. In regulation E1(1) (adult dependent relative’s special pension), after sub-paragraph (c) insert the following–
“or
(d)
(d) where the member was a woman in a civil partnership whose civil partner was permanently disabled at the time the member died, to the suriving civil partner,”.
7. In regulation E4(4) (gratuity in lieu of widow’s pension) for “provisions of Regulation C9 relating to the termination of a widow’s award on remarriage” substitute “provisions of Regulations C9 and C9A relating to the termination of a widow’s or civil partner’s award on remarriage or the formation of a new civil partnership”.
8. In regulation G4 (election not to pay pension contributions)–
(a) in paragraph (5) for “Subject to paragraph (6)” substitute “Subject to paragraphs (6) to (8)”;
(b) after paragraph (6)...
