Pension entitlements for your partner if you die

gazzer

I was talking to a pension advisor who came into the office today. I work in the Civil Service and I just wanted to find out what I would be entitled to after my 40 years service.

I also asked what happens to my pension if I die before I retire. I assumed that my partner would get my money but I was pretty shocked to find out that No he would not get my weekly pension and as it stands at the moment there is no way I can arrange for him to receive my pension.

Does anybody know if there are any changes in law in place so that people can receive their partners pension if they die?

I also found out that a percentage of the pension contributions I make each week go to something called a Widows and Orphans fund. I asked what happens if when I retire as a gay man I have no kids. I was told I can make a claim for that portion of the money I paid in back but the onus is on me to 'proof' I have no kids.. Mental

DubArk

gazzer wrote: »

I was talking to a pension advisor who came into the office today. I work in the Civil Service and I just wanted to find out what I would be entitled to after my 40 years service.

I also asked what happens to my pension if I die before I retire. I assumed that my partner would get my money but I was pretty shocked to find out that No he would not get my weekly pension and as it stands at the moment there is no way I can arrange for him to receive my pension.

Does anybody know if there are any changes in law in place so that people can receive their partners pension if they die?

I also found out that a percentage of the pension contributions I make each week go to something called a Widows and Orphans fund. I asked what happens if when I retire as a gay man I have no kids. I was told I can make a claim for that portion of the money I paid in back but the onus is on me to 'proof' I have no kids.. Mental

I work for a private company and have a private pension too. My partner is entitled to my pension on my death and a full payout!

I’m sure if you want to, you could get a civil partnership; on its introduction and then they’ll be protected?! No? Yes? anyone know? Not Mental! WRONG! if thats true.

Sir Ophiuchus

The Civil Partnership Bill itself doesn't allow this, but the Government's currently working on legislation to be introducted at the same time that will. That's my understanding, anyway.

Annasopra

Sir Ophiuchus wrote: »

The Civil Partnership Bill itself doesn't allow this, but the Government's currently working on legislation to be introducted at the same time that will. That's my understanding, anyway.

Glen answer some of these questions
http://www.glen.ie/civil_partnership/Civil_Partnership.pdf

Q Generally, how will the introduction of the Bill change the law for civil partners?
A The proposals in this Bill will, if enacted, change the law profoundly. Civil partners will be entitled to seek maintenance (financial support) from each other during the currency of their relationship. As is the case with married couples, the shared home of the couple cannot ordinarily be sold, leased or mortgaged by one civil partner without the consent of the other civil partner. On the legal dissolution of a civil partnership, the former civil partners will be entitled to seek orders relating (amongst other things) to financial support and the ownership of property, as well as various important remedies relating to succession and pension entitlements. On the death of either partner, the surviving civil partner will be entitled to claim from the estate of the deceased in a manner similar to the entitlements enjoyed by widows and widowers.

Civil partners will be entitled to seek relief for domestic violence and wrongful death of a civil partner in the same manner as spouses. An employer as well as a provider of goods or services will not be permitted to discriminate against a person because they are or were a civil partner. For the purpose of determining eligibility for a pension, moreover, civil partners will be treated in a manner identical to the treatment of a husband and wife of the holder of pension entitlements.

For the purpose of determining whether a person has a conflict of interest or must disclose certain financial or other interests, a person with a civil partner will be treated the same as a married person. Similarly, the Bill amends over 130 pieces of legislation in such a way as to require civil partners to be treated, for the purposes of those Acts in a manner identical to spouses.

Q Generally, how will the introduction of the Bill change the law for cohabitants?


A The rights and obligations of unregistered cohabitants, though more limited than those of civil partners, are significant. A ‘cohabitant’ is a person living in an “intimate and committed relationship” with a person who is not that person’s spouse or civil partner. Cohabitants may be of the same sex as each other or of the opposite sex, though they may not be close relatives. Cohabitants generally will be recognised for a variety of purposes, including domestic violence legislation, wrongful death and succession to residential tenancies.

Special rules apply to couples who are deemed to be ‘qualified cohabitants’, that is, where they have lived together for at least three years, or two years if they have had a child or children together. A qualified cohabitant who is financially dependent on his or her cohabiting partner may seek a variety of remedies if their relationship ends or if one of the partners dies. These include orders for compensatory maintenance (financial support), for property adjustment and for the adjustment of pension entitlements. A qualified cohabitant may also seek provision from the estate of a deceased partner, provided certain conditions are met. The right of a qualified cohabitant to seek maintenance or a property or pension adjustment order may be waived (given up) by written agreement between the cohabitants.


4.8 Pensions

The Bill requires that where a pension scheme provides a benefit for the spouse of a person, that pension scheme will be deemed to provide equally for the civil partner of a person. In other words, in assessing pension entitlements, civil partners will be treated as if they were spouses.
In addition to setting out a general principle of equality, the Schedule to the Bill amends at least 17 separate pieces of pensions legislation so as to ensure equal treatment in specific cases.


5.3.6. Allocation of Pension Entitlements.
The Bill also permits the court to grant a pension adjustment order. A pension adjustment order allows the court to direct that the pension entitlements of a former civil partner be allocated (either now or at some point in the future) between the former civil partners, as the court considers appropriate. This means that a former civil partner will be able to benefit from the pension of his or her partner, once the pension becomes payable.

Also

Perhaps this new company could advise you?

http://www.rainbowsure.ie/

Chuchoter

I'd sort out something legal, there must be some kind of way of redirecting the pension to your partner in the interim between now and sorting out a CP.

gmale

I also pay into the "Widows and Orphans" fund or as its called here "Spouse and Child". I find it outrageous that 1.5% of my salary goes into this fund and at present nobody is entitled to draw down on it in the case of my death.

There are plenty of people here that are straight and never married and also have no entitlement to it. It is a compulsory payment.

I spoke to HR about it in the past but apparently it was introduced by the Unions so there is no way in hell that they are going to be able to get rid of it...I hate the unions!

Hopefully Civil Partnership will sort it