2005 No. *

PENSIONS, ENGLAND AND WALES

The Local Government (Civil Partnership) (Amendment)(England and Wales) Regulations 2005

Made     -     -       -      -                         18th October 2005

Laid before Parliament                           19th  October 2005

Coming into force  -      -                        5th December 2005

The First Secretary of State, in exercise of the powers conferred by sections 7, 12 and 24 of the Superannuation Act 1972([a]) and after consultation with (a) such associations of local authorities as appeared to him to be concerned, (b) the local authorities with whom consultation appeared to him to be desirable and (c) such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, makes the following Regulations:

Citation, commencement and  application

1.—(1)(1) These Regulations may be cited as the Local Government (Civil Partnership)(Amendment)(England and Wales)  Regulations 2005.

(2) These Regulations apply in relation to England and Wales([b]).

(3) These Regulations shall come into force on 5th December 2005.

The Local Government (Discretionary Payments) Regulations 1996

2.—(1)(1) The Local Government (Discretionary Payments) Regulations 1996([c]) shall be amended in accordance with this regulation.

(2) In regulation 2 (general interpretation) insert in the appropriate place—

“civil partner” shall be construed in accordance with section 1 of the Civil Partnership Act 2004;.

(3) In regulation 37 (death benefits)—

(a)     after paragraph (1) insert—

(1A) Paragraph (1) applies to surviving civil partners as it applies to surviving spouses and paragraph (1)(b)(i)  shall be construed as a reference to the deceased leaving one surviving civil partner..

(b)     in paragraph (2)—

                            (i)    after “surviving spouse” insert “or civil partner”;

                          (ii)    after “marriage” insert “or civil partnership”;

(c)     after paragraph (5) insert—

(5A) Paragraphs (4) and (5) apply to surviving civil partners as they apply to surviving spouses, and references to marriage or remarriage (or any cognates of these terms) shall be construed as references to civil partnership within the meaning given to that term by section 1 of the Civil Partnership Act 2004..

(4) In regulation 40(1) after “spouse” insert “, surviving civil partner” .

(5) After regulation 41(4) (retirement gratuities) insert—

 (4A) Paragraph (4) applies to surviving civil partners where after 5th April 1988 a person both—

(a) ceases to be employed and

(b) is awarded a retirement gratuity ..

(6) After regulation 42(4) (redundancy gratuities) insert—

 (4A) Paragraphs (3) and (4) apply to surviving civil partners where after 5th April 1988 a person both—

(a) ceases to be employed and

(b) is awarded a redundancy gratuity ..

The Local Government Pension Scheme Regulations 1997

3.—(1)(1) The Local Government Pension Scheme Regulations 1997([d]) shall be amended in accordance with this regulation.

(2) In regulation 2(1) after “divorce” insert “and dissolution orders”.

(3) In regulation 9(1A) after “surviving spouse’s” insert “or civil partner’s”.

(4) In regulation 19(2)(b) after “surviving spouse’s” insert “or civil partner’s”.

(5) In regulation 21(4) after “surviving spouse’s” insert “, civil partner’s”.

(6) In regulation 33(1) after “spouse” insert “, civil partner”.

(7) For regulation 40(1) to (3) (surviving spouse’s short-term pension) substitute—

Surviving spouses’ or civil partners’ pensions

Surviving spouse’s or civil partner’s short-term pension

40.—(1) If an active or pensioner member dies leaving a surviving spouse or civil partner, the spouse or civil partner is entitled to a short-term pension.

(2) It is payable for three months after the member’s death.

(3) But if there are eligible children in the spouse’s or civil partner’s care, it is payable for a further three months..

(8) In regulation 41 (surviving spouse’s long-term pension)—

(a)     at the heading after “surviving spouse’s” insert “or civil partner’s”;

(b)     in paragraph (1)—

                            (i)    after “surviving spouse” insert “or civil partner”;

                          (ii)    after “spouse” insert “or civil partner”;

                         (iii)    after “spouse’s” insert “or civil partner’s”.

(9) After regulation 42 (reduction of some surviving spouses’ pensions) insert—

Calculation of pension for surviving civil partners

42A For the purpose of calculating the pension to which a surviving civil partner is entitled under regulation 40 or 41 (surviving spouse’s or civil partner’s short-term or long-term pension) account shall only be taken of the deceased member’s membership after 5th April 1988. This shall include relevant additional membership (as defined in regulation 42(4))..

(10) At the heading for regulation 43 and in regulation 43(1) after “surviving spouse’s” insert “or civil partner’s”.

(11) In regulation 45 (children’s short-term pensions)—

(a)     in paragraph (2) and in each place in which it occurs in paragraph (6) after “surviving spouse” insert “or civil partner”;

(b)     in paragraph (7) after “surviving spouse’s” insert “or civil partner’s”.

(12) In regulation 46(9)(a)(i) and 46(9)(b)(i) after “surviving spouse’s” insert “or civil partner’s”.

(13) In regulation 49 (commutation: small pensions)—

(a)     in paragraph (2) after “surviving spouse” insert “or civil partner”;

(b)     in each place in which it occurs in paragraph (6) after “spouse” insert “or civil partner”.

(14) In regulation 88(2) after “spouse” insert “, civil partner”.

(15) In regulations 99(1)(b) and 100(2)(a) after “ or surviving” insert “ civil partner or”.

(16) In regulation 114(1) for “or widower’s” substitute “, widower’s or surviving civil partner’s”.

(17) In regulation 115(5)(b) after “spouse” insert “, civil partner”.

(18) In regulation 118(5)(a) after “surviving spouse’s” insert “or civil partner’s”.

(19) In regulation 123(2)(c) after “surviving spouse’s” insert “or civil partner’s”.

(20) In regulation 145(3) at the interpretation of “benefit” after “widower” insert “, surviving civil partner”.

(21) In Schedule 1 (interpretation) insert in the appropriate place—

“Civil partner” shall be construed in accordance with section 1 of the Civil Partnership Act 2004;.

(22) At the heading for Schedule 1A after “divorce” insert “and dissolution orders”.

(23) In Schedule 4 (revenue restrictions)—

(a)     in paragraph 2—

                            (i)    at sub-paragraph (11) in each place it occurs after “surviving spouse” insert “, civil partner”;

                          (ii)    at sub-paragraph (11A) after “surviving spouse” insert “or civil partner”;

(b)     in sub-paragraph (9) of paragraph 4 after “surviving spouse” insert “or civil partner”.

Local Government Pension Scheme (Transitional Provisions) Regulations 1997

4.—(1)(1) The Local Government Pension Scheme (Transitional Provisions) Regulations 1997 shall be amended in accordance with this regulation.

(2) In regulation 2 (interpretation) insert in the appropriate place—

“civil partner” shall be construed in accordance with section 1 of the Civil Partnership Act 2004;.

(3) After regulation 4 (deferred members and pensioners: general) insert—

Deferred members and pensioners: civil partners

4A.—(1) A surviving civil partner of a deferred or pensioner member shall be treated, for the purposes of entitlement to any benefit payable in consequence of the member’s death or any provision relating to such benefit, as if he were a surviving spouse of the member.

(2) For the purpose of calculating the benefit or provision to which a surviving civil partner is entitled under paragraph (1) account shall only be taken of the deceased member’s membership after 5th April 1988. This shall include periods of membership which are treated as membership after 5th April 1988 as defined in regulation F8(3) of the Local Government Pension Scheme Regulations 1995..

The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000

5.—(1)(1) The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000([e]) shall be amended in accordance with this regulation.

(2) At the heading immediately before regulation 20 after “SURVIVING SPOUSES” insert “, CIVIL PARTNERS”.

(3) In regulation 20(4) after “spouse” insert “, civil partner”.

(4) In regulation 21 (awards to surviving spouses)—

(a)     at the heading after “surviving spouses” insert “or civil partners”;

(b)     in paragraph (1) after “surviving spouse” insert “or civil partner”;

(c)     in sub-paragraph (a) at paragraph (1) after “surviving spouses” insert “or civil partners”;

(d)     in paragraph (3)—

                            (i)    in each place in which it occurs after “surviving spouse” insert “or civil partner”;

                          (ii)    after “surviving spouse’s” insert “or civil partner’s”;

                         (iii)    after “marriage” insert “or civil partnership”.

(e)     in sub-paragraph (a) and (b) of paragraph (3) after “surviving spouse’s” insert “or civil partner’s”.

(5) After regulation 21(1) (awards to surviving spouses) insert—

(1A) This regulation applies where a person ceased employment after 5th April 1988 and subsequently dies leaving a surviving civil partner entitling the surviving civil partner to compensation under regulations 21 and 22..

(6) After regulation 21(6)  (awards to surviving spouses) insert—

(6A) Paragraph (6) applies to surviving civil partners as it applies to surviving spouses, widows, or widowers and references to marriage shall be construed as a reference to civil partnership within the meaning of  s1 of the Civil Partnership Act 2004..

(7) In regulation 22 (entitlement to children’s short-term compensation)—

(a)     at the heading and in paragraphs (1) and (2) after “surviving spouse’s” insert “or civil partners”;

(b)     in paragraph (4) after “surviving spouse” insert “or civil partner”.

(8) In regulation 23(3) after “surviving spouse” insert “or civil partner”.

(9) In Schedule 1 (interpretation)—

(a)     in the appropriate place insert—

“civil partner” shall be construed in accordance with section 1 of the Civil Partnership Act 2004;.

(b)     at the definition of “periodic payment”—

                            (i)    after “surviving spouse” insert “, civil partner”;

                          (ii)    after “spouse” insert “, civil partner”.

(c)     at the definition of “relevant fraction”—

                            (i)    in each place in which it occurs after “surviving spouse” insert “or civil partner”;

                          (ii)    after “surviving spouse’s” insert “or civil partner’s”.

 

Signed by authority of the First Secretary of State

 

                                                                                                                                         

                                                                                                                   Minister of State

* 2005                                                                             Office of the Deputy Prime Minister

 

 

EXPLANATORY NOTE

(This note is not part of the Regulations)

The amendments in these Regulations provide survivor benefits for same sex partners of Local Government Pension Scheme members or eligible persons where the same sex partners have registered a civil partnership under the terms of the Civil Partnership Act 2004.  The Regulations amend—

(1) The Local Government (Discretionary Payments) Regulations 1996 (“the 1996 Regulations”);

(2) The Local Government Pension Scheme Regulations 1997 (“the 1997 Regulations”);

(3) The Local Government Pension Scheme (Transitional Provisions) Regulations 1997 (“the Transitional Provisions Regulations”); and

(4) The Local Government (Early Termination of Employment)(Discretionary Compensation)(England and Wales) Regulations 2000 (“the 2000 Regulations”).

The changes to the 1996 and 2000 Regulations provide that surviving civil partners will qualify for survivor benefits in the same way as spouses where a person ceases employment after 5th April 1988 and subsequently dies.

The changes to the 1997 Regulations and the Transitional Provisions Regulations are as follows—

– surviving civil partners will qualify for survivor benefits in the same circumstances as spouses;

– where a surviving civil partner is eligible for benefits and a person’s “membership” is relevant to the eligibility and level of those benefits, only such “membership” after 5th April 1988 is taken into account.

In addition, the changes to the 1997 Regulations include minor amendments dealing with pension sharing on divorce and its application to the dissolution of a civil partnership.

This Order has no impact on the costs of business, charities or voluntary bodies; though there will be costs to the Government in public service pension schemes from extending survivor benefits to include civil partners. Depending upon the take-up rate of civil partnerships, the total annual cost to all public service pension schemes for providing survivor benefits to civil partners could amount to between £7m and £14m per year.  There will also be a one off capital addition to outstanding liabilities of between £60m (low take up) and £125m (high take up) to provide survivor benefits on the basis of service from 1988 up to the introduction of civil partnership.

A Regulatory Impact Assessment was published alongside the Civil Partnership Act 2004 and outlines the cost implications to public service pension schemes, therefore a separate Regulatory Impact Assessment was not produced for this order. The final Regulatory Impact Assessment for the Civil Partnership Act 2004 can be viewed at http://www.dti.gov.uk/access/ria/index.htm#equality.