Changes to survivor benefits for same sex spouses and civil partners

Changes to survivor benefits for same sex spouses and civil partners

Changes to survivor benefits for same sex spouses and civil partners

 

Changes have been made to the scheme rules that provide survivor benefits payable to a same sex spouse or a civil partner.  They now equal those paid to the widow of a male member.

 

Why has the change been made?

 

The change has been made as a result of a Supreme Court judgment (Walker v Innospec) which found that Mr Walker’s male spouse was entitled to the same benefits that would have been paid if Mr Walker had left a widow in an opposite sex marriage.

 

Why does this apply to the LGPS?

 

The government believes that the implication of this judgment for all public service pensions schemes, including the LGPS, is that surviving civil partners or surviving same sex spouses should be provided with benefits equal to those that would be left to the widow of a male member.

 

When does the change take effect from?

 

The change is backdated to the date the civil partnerships and same sex marriages were introduced – this is 5 December 2005 for civil partnerships and 13 March 2014 for same sex marriages.

 

This means that where a member of the LGPS has died leaving a surviving civil partner or a same sex spouse, the survivor’s pension in payment will need to be reviewed and any additional amounts paid, where applicable. We are in the process of reviewing the impact of this change and will be contacting affected civil partners and same sex spouses in due course.