Commentary on Sections Part 7 – Miscellaneous Section 255: Power to amend enactments relating to pensions
492.This section confers a power to amend various kinds of legislation relating to pensions, allowances or gratuities for the purpose of (or in connection with) making provision with respect to pensions, allowances or gratuities for surviving civil partners or dependants of deceased civil partners. All orders made under the power will be subject to the affirmative resolution procedure: subsection (10).
493.The power will be used to require contracted-out defined benefit pension schemes to take account of periods of pensionable service from April 1988. Contracted-out defined contribution schemes would be required to provide survivor benefits from the protected rights accrued from April 1988, if the member is in a civil partnership at the point of retirement. Contracted-out schemes are already required to make provision for survivor benefits for legal spouses.
494.In the context of judicial pensions, allowances or gratuities, this power will be used to amend the Judicial Pensions Act 1981 and the Judicial Pensions and Retirement Act 1993 and associated subordinate legislation in order to make the judicial pensions regime consistent with the Civil Partnership Act. The 1981 Act and the 1993 Act (together with subordinate legislation) make provision for the survivors (children and spouses) of judicial officers who die while in service or after retirement.
495.Specific references to “spouse” or to “marriage” need to be extended to refer in addition to “civil partners” and to “civil partnership”. Similarly, references to children will be amended to include children of a civil partnership. Where appropriate, provisions will be extended to other relationships (e.g. step children) created as a consequence of the formation of a civil partnership in the same way as the benefits created by marriage.