Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

190.

Payments further to orders under section 187 .

190.— (1) A benefit payable pursuant to an order made under section 187(2) , or a contingent benefit payable pursuant to an order made under section 187(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 qualified cohabitant, or the amount of contingent benefit payable to or in respect of the member qualified cohabitant, 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 187(2) or (5), as the case may be, to the other qualified cohabitant.

(3) The amount of contingent benefit payable in accordance with the rules of the scheme in respect of a member qualified cohabitant who dies before the payment of the designated benefit payable pursuant to an order under section 187(2) has commenced shall be reduced by the amount of the payment made under section 189(4) .

(4) Trustees who make a payment or apply a transfer amount under any of subsections (1) to (7) of section 189 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 187(2) .

(5) A trustee is not liable for any loss or damage caused by complying with a direction referred to in section 188(3) rather than the rules of the scheme or the Act of 1990.