Rights for Same Sex Partners
From 5 December 2005, same-sex (but not opposite sex) couples are 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.
- Does the new law force my pension scheme to provide my partner with benefits when I die?
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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?
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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?
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No – the Act specifically excludes people who are related from registering and gaining the new rights.
Q & As
