Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

124.

Payments further to orders under section 121 .

124.— (1) A benefit payable pursuant to an order made under section 121(2) , or a contingent benefit payable pursuant to an order made under section 121(5) , is payable out of the resources of the scheme and, unless the order or relevant guidelines provide otherwise, in accordance with the rules of the scheme and those guidelines.

(2) The amount of retirement benefit payable to the member civil partner, or the amount of contingent benefit payable to or in respect of the member civil partner, in accordance with the rules of the relevant scheme shall be reduced by the designated benefit or contingent benefit payable pursuant to an order made under section 121(2) or (5) , as the case may be, F52 [ to the other civil partner or other person concerned ].

(3) The amount of contingent benefit payable in accordance with the rules of the scheme in respect of a member civil partner who dies before the payment of the designated benefit payable pursuant to an order under section 121(2) has commenced shall be reduced by the amount of the payment made under section 123(4) .

(4) Trustees who make a payment or apply a transfer amount under any of subsections (1) to (7) of section 123 are discharged from any obligation to make further payment or apply another transfer amount under any of those subsections in respect of the benefit payable pursuant to the order made under section 121(2) .

(5) A trustee is not liable for any loss or damage caused by complying with a direction referred to in section 122(3) rather than the rules of the scheme or the Act of 1990.

Annotations:

Amendments:

F52

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 161, S.I. No. 12 of 2016.