Marriage (Same Sex Couples) Bill

Insert the following new Clause—

“Survivor benefits under occupational pension schemes

(1)   The Secretary of State must arrange for a review of the following matters
relating to occupational pension schemes—

(a)   relevant differences in survivor benefits;

(b)   the costs, and other effects, of securing that relevant differences in
survivor benefits are eliminated by the equalisation of survivor
benefits.

(2)   For the purposes of this section, each of the following are relevant
differences in survivor benefits—

(a)   differences between—

(i)   same sex survivor benefits, and

(ii)   opposite sex survivor benefits provided to widows;

(b)   differences between—

(i)   same sex survivor benefits, and

(ii)   opposite sex survivor benefits provided to widowers;

(c)   differences between—

(i)   opposite sex survivor benefits provided to widows, and

(ii)   opposite sex survivor benefits provided to widowers.

(3)   The review must, in particular, consider these issues—

(a)   the extent to which same sex survivor benefits are provided in
reliance on paragraph 18 of Schedule 9 to the Equality Act 2010;

(b)   the extent to which—

(i)   same sex survivor benefits, and

(ii)   opposite sex survivor benefits,

  are calculated by reference to different periods of pensionable service.

(4)   The arrangements made by the Secretary of State must provide for the
person or persons conducting the review to consult such other persons as
the Secretary of State considers appropriate.

(5)   The Secretary of State must arrange for a report on the outcome of the
review to be produced and published before 1 July 2014.

(6)   If the Secretary of State, having considered the outcome of the review,
thinks that the law of England and Wales and Scotland should be changed
for the purpose of eliminating or reducing relevant differences in survivor
benefits, the Secretary of State may, by order, make such provision as the
Secretary of State considers appropriate for that purpose.

(7)   An order under subsection (6) may amend—

(a)   England and Wales legislation;

(b)   Scottish legislation.

(8)   In this section—

“occupational pension scheme” has the same meaning as in the
Pension Schemes Act 1993 (see section 1 of that Act);

“opposite sex survivor benefits” means survivor benefits provided to
surviving spouses of marriages of opposite sex couples;

“same sex survivor benefits” means survivor benefits provided to—

(a)   surviving civil partners, and

(b)   surviving spouses of marriages of same sex couples;

“survivor benefits” means survivor benefits provided under
occupational pension schemes.”

Page 14, line 26, at end insert—

“( )   an order under section (Survivor benefits under occupational pension
schemes);”

Page 17, line 3, leave out “and 15” and insert “to (Survivor benefits under occupational
pension schemes)”

Page 17, line 21, after “15” insert “and (Survivor benefits under occupational pension
schemes)”

Line 6, after “partnership” insert “, for the review of survivor benefits under
occupational pension schemes”