Civil Partnership Act 2004 |
Civil Partnership Act 2004 In the last LMC Newsletter we wrote about how the above act will alter the rights of the non British half of a same sex couple, married legally abroad, to access to Health Services in this country. In short they will have dependent rights to NHS treatment. There is another implication of the Act that may affect Practices. Same sex partners, of an employee of the Practice, either legally married abroad, or in a Civil Partnership in this country, from the 5th December 2005, will be entitled to the same rights to employment benefits as the spouses of employees currently have. In the terms of the Act a Civil Partnership involves two same sex partners, both over the age of sixteen, not related in a forbidden degree, not married or in a Civil Partnership with another, capable of understanding the nature of civil partnership, and validly consenting to its formation, signing the civil partnership schedule in the presence of; each other, two witnesses over the age of 16, and the authorised registrar. There is more to it than this, but it is as legally binding as marriage, with the same requirements, and rights. You will need to complete an audit of all the benefits that you offer to your married employees or their spouses. These could include; benefits from the NHS Pension Scheme, extra time off to get married, provision of a wedding gift, etc. Having audited the benefits you then need to ensure that the benefits you offer to married employees and their spouses are now also made available to Civil Partners. Staff Handbooks/Contracts of Employment will also have to be amended to show that spouse benefits are now available to Civil Partners. You should not wait for an employee to come and ask for the benefit, they should be given it as a right, and although you may not currently have an employee in this position, that could change. You do not need to backdate the rights to benefits; you are only obliged to make them available from the 5th of December 2005. Bear in mind that many homosexual employees prefer their sexual orientation to be kept private. If an employee tells you that they have entered into a Civil Partnership, ask them whether they want the information to be kept confidential. And finally, from the Latest News Page on the SPPA Website: - “With reference to the NHS Pension Scheme it is intended that changes will be introduced with effect from 5th December 2005, and be backdated to April 1988. This means that members will be able to buy previous service at a reduced rate provided they have registered their civil partnership. The overall effect will be that civil partners are treated, for the purposes of survivor pensions in the same way as married spouses for service after 1988. Consideration is being given to pre-1988 service but this will be at a higher cost to the member. Each public service scheme will be looking at the relevant costs before advising members of the arrangements some time in 2005.” Nothing yet, but watch that space.Ian Mackie, Practice Development and Support Administrator |