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Same-sex Partners

Since 5 December 2005, same-sex (but not opposite sex) couples have been able to register their partnership, giving them new rights. Couples who register would have a new legal status as registered civil partners and would acquire rights similar to those of married couples. The implications for pensions are:

  • registered partners will become eligible for survivors' benefits (e.g. spouse's pensions) based on pensionable service from 5 December 2005
  • registered partners of members of contracted out schemes will in addition to the above be eligible for survivor's benefits based on contracted out rights earned by service from 6 April 1988
  • pension sharing orders will be available on dissolution of civil partnerships
  • civil partners will be able to claim and inherit state pension rights the same as married couples from 5 December 2005
  • partners will be able to have an unlimited insurable interest in each other's lives for effecting life assurance.

Q & A's

Does the new law force my pension scheme to provide my partner with benefits when I die?

If you have registered a civil partnership and you are a member of a pension scheme, the scheme must treat you the same as a married couple for any pension rights you have built up from 5 December 2005.

In addition, if you are a member of a contracted out scheme, survivor's benefits are also based on contracted out rights earned by service from 6 April 1988.

I've been with my partner for several years – do we have to register our relationship to get the new rights?

Yes, only registered partners qualify for the new rights.

I live with my sister – can we register a civil partnership to take advantage of the new pension rights?

No - the Act specifically excludes people who are related from registering and gaining the new rights.

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