The Occupational Pension Schemes (Amendment) (Equal Treatment) (Northern Ireland) Regulations 2023

Amendment of the Pensions (Northern Ireland) Order 1995

3.—(1) The Pensions (Northern Ireland) Order 1995 is amended as follows.

(2) In Article 62 (the equal treatment rule), after paragraph (6) insert—

“(7) Where a person (“A”) is or has been in pensionable service under an occupational pension scheme, an equal treatment rule has the effects set out in paragraphs (8) and (9).

(8) If, by virtue of the application of the guaranteed minimum pension provisions, any of the terms referred to in paragraph (2) is less favourable to A than it would be if A were of the opposite sex, the term is modified so as not to be less favourable.

(9) If—

(a) any of the terms referred to in paragraph (2) confers on the trustees or managers of an occupational pension scheme, or any other person, a discretion which, in a case within paragraph (7), may be exercised so as to affect the way in which persons become members of the scheme, or the way in which members of the scheme are treated, and

(b) by virtue of the application of the guaranteed minimum pension provisions, the discretion is capable of being exercised in a way that would be less favourable to A than it would be if A were of the opposite sex,

the term is modified so as to prevent the exercise of the discretion in that way.

(10) In paragraphs (8) and (9), “guaranteed minimum pension provisions” means so much of the Pension Schemes Act and of any other enactment as relates to guaranteed minimum pensions (within the meaning of that Act).

(11) In Articles 63 to 65, references to the terms referred to in paragraph (2) include a term within paragraph (9)(a) and references to the effect of those terms include the effect of any exercise of a discretion conferred by any such term; and references to the terms on which members of an occupational pension scheme are treated are to be read accordingly.”.

(3) In Article 63(4) (equal treatment rule: supplementary – construction of article 62), for “section 1” substitute “sections 1 and 1B”.

(4) Omit Article 66(1) (equal treatment rule: effect on terms of employment, etc. – amendment to section 6 of the Equal Pay Act (Northern Ireland) 1970).