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63.—(1) The reference in Article 62(2) to the terms on which members of a scheme are treated includes those terms as they have effect for the benefit of dependants of members, and the reference in Article 62(5) to the way in which members of a scheme are treated includes the way they are treated as it has effect for the benefit of dependants of members.
(2) Where the effect of any of the terms referred to in Article 62(2) on persons of the same sex differs according to their[F1 family, marital or civil partnership status], the effect of the term is to be compared for the purposes of Article 62 with its effect on persons of the other sex who have the same status.
(3) An equal treatment rule has effect subject to paragraphs 5 and 6 of Schedule 5 to the Social Security (Northern Ireland) Order 1989F2 (employment-related benefit schemes: maternity and family leave provisions).
(4) Article 62 shall be construed as one with section 1 of the Equal Pay Act (Northern Ireland) 1970F3 (requirement of equal treatment for men and women in the same employment); and sections 2 and 2A of that Act (disputes and enforcement) shall have effect for the purposes of Article 62 as if—
(a)references to an equality clause were to an equal treatment rule,
(b)references to employers and employees were to the trustees or managers of the scheme (on the one hand) and the members, or prospective members, of the scheme (on the other),
(c )F4for section 2(4) there were substituted—
“(4) No claim in respect of the operation of an equal treatment rule in respect of an occupational pension scheme shall be referred to an industrial tribunal otherwise than by virtue of subsection (3) unless the woman concerned has been employed in a descriptionF5 or category of employment to which the scheme relates within the six months preceding the date of the reference.”, and
(d)references to section 1(2)(c) were to Article 62(3)(c).
(5) Regulations may make provision for the Equal Pay Act (Northern Ireland) 1970F6 to have effect, in relation to an equal treatment rule, with prescribed modifications; and paragraph (4) shall have effect subject to any regulations made by virtue of this paragraph.
(6) Article 62, so far as it relates to the terms on which members of a scheme are treated, is to be treated as having had effect in relation to any pensionable service on or after 17th May 1990.
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