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The Pensions (Northern Ireland) Order 1995

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Equal treatment rule: effect on terms of employment, etc.N.I.

66.—(1) In section 6 of the Equal Pay Act (Northern Ireland) 1970F1 (exclusions), for subsections (1A) and (2) (exclusion for terms related to death or retirement) substitute—

(1B) An equality clause shall not operate in relation to terms relating to a person's membership of, or rights under, an occupational pension scheme, being terms in relation to which, by reason only of any provision made by or under Articles 62 to 64 of the Pensions (Northern Ireland) Order 1995 (equal treatment), an equal treatment rule would not operate if the terms were included in the scheme.

(1C) In subsection (1B), “occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 and “equal treatment rule” has the meaning given by Article 62 of the Pensions (Northern Ireland) Order 1995..

(2) In Article 6(1) of the Sex Discrimination (Northern Ireland) Order 1976F2 (victimisation of complainants, etc.)—

(a)in sub-paragraphs (a) to (c), after “Equal Pay Act” insert “or Articles 62 to 65 of the Pensions (Northern Ireland) Order 1995”, and

(b)at the end of sub-paragraph (d) add “ or under Articles 62 to 65 of the Pensions (Northern Ireland) Order 1995 ”.

(3) In Article 8 of the Sex Discrimination (Northern Ireland) Order 1976 (discrimination against applicants and employees), for paragraph (4) substitute—

(4) Paragraphs (1)(b) and (2) do not render it unlawful for a person to discriminate against a woman in relation to her membership of, or rights under, an occupational pension scheme in such a way that, were any term of the scheme to provide for discrimination in that way, then, by reason only of any provision made by or under Articles 62 to 64 of the Pensions (Northern Ireland) Order 1995 (equal treatment), an equal treatment rule would not operate in relation to that term.

(4A) In paragraph (4), “occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 and “equal treatment rule” has the meaning given by Article 62 of the Pensions (Northern Ireland) Order 1995.

(4) Regulations may make provision—

(a)for the Equal Pay Act (Northern Ireland) 1970F3 to have effect, in relation to terms of employment relating to membership of, or rights under, an occupational pension scheme with prescribed modifications, and

(b)for imposing requirements on employers as to the payment of contributions and otherwise in case of their failing or having failed to comply with any such terms.

(5) References in paragraph (4) to terms of employment include (where the context permits)—

(a)any collective agreement or pay structure, and

(b)an agricultural wages order within section 5 of the Equal Pay Act (Northern Ireland) 1970F4.

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