PART 2EQUAL TREATMENT: AMENDMENTS
Application of Part 2
2.—(1) The modifications contained in amendments made by this Part apply to proceedings in respect of the terms of an occupational pension scheme if the proceedings are instituted on or after the commencement date (subject to paragraph (2)).
(2) Those modifications do not so apply if the last day on which the woman was employed in the employment to which the scheme relates falls more than six months before the commencement date.
The Pensions (Northern Ireland) Order
Modification of Equal Pay provisions applied to an equal treatment rule
3. Article 63(4)(c) of the Pensions (Northern Ireland) Order 1995 (equal treatment rule: supplementary) is hereby repealed.
The Occupational Pension Schemes (Equal Treatment) Regulations
Equal Pay Act provisions applying to equal treatment rule and equality clause
4. The Occupational Pension Schemes (Equal Treatment) Regulations (Northern Ireland) 1995(1) shall be amended in accordance with regulations 5 and 6.
Modifications: operation of equal treatment rule
5.—(1) In regulation 2 (application of Equal Pay Act to equal treatment rule)—
(a)the existing provision shall be numbered as paragraph (1) of that regulation;
(b)in paragraph (1) as so renumbered, for sub-paragraph (a) there shall be substituted the following sub-paragraph—
“(a)subject to the further modifications made in paragraph (2) and in regulations 3 to 7;”;
(c)after that paragraph there shall be added the following paragraph—
“(2) Section 2ZA of the Equal Pay Act(2) shall have effect in relation to an equal treatment rule as if—
(a)for subsection (1) there were substituted the following subsections—
“(1) This section applies for the purpose of determining the qualifying date, in relation to relevant proceedings in respect of a woman, for the purposes of section 2(4)(3).
(1A) In subsection (1) “relevant proceedings” means proceedings in respect of the terms on which—
(a)persons become members of an occupational pension scheme, or
(b)members of an occupational pension scheme are treated.”; and
(b)in subsection (2)—
(i)in paragraph (a) of the definition of “concealment case”, the reference to the employer were a reference to the employer or the trustees or managers of the scheme, and
(ii)in paragraph (c) of the definition of “disability case”, the reference to the employer were a reference to the employer or the trustees or managers of the scheme.”.
(2) For regulation 5 (power to declare right to admission to scheme and employer’s duty to provide additional resources), there shall be substituted the following regulation—
“Power for a court or industrial tribunal to declare the right to admission to scheme
5. Where a claim to which regulation 3 applies, relates to the terms on which persons become members of the scheme, section 2 of the Equal Pay Act(4) shall have effect as if, after subsection (5A) (as inserted by regulation 4), there were added the following subsection—
“(6A) Where a court or industrial tribunal finds that there has been a breach of an equal treatment rule which relates to the terms on which persons become members of the scheme (including any terms concerning the age or length of service needed for becoming a member of the scheme), the court or tribunal may declare that a woman has the right to be admitted to the scheme with effect from such date as it may specify provided that, in any case, that date is not earlier than 8th April 1976.”.”.
(3) For regulation 7 (power to make financial award for equal treatment claims by pensioner members and employer’s duty to provide additional resources) there shall be substituted the following regulation—
“Power for a court or industrial tribunal to make a financial award for equal treatment claims by pensioner members and employer’s duty to provide additional resources
7.—(1) This regulation applies in the case of a claim by a pensioner member in respect of a failure to comply with an equal treatment rule which relates to the terms on which the member is treated.
(2) Section 2 of the Equal Pay Act shall have effect as if—
(a)for subsection (5) there were substituted the following subsection—
“(5) A woman who is a pensioner member shall not be entitled, in proceedings brought in respect of a failure to comply with an equal treatment rule (including proceedings before an industrial tribunal), to be awarded any payment by way of arrears of benefits or damages or any other financial award in respect of a time earlier than the arrears date (determined in accordance with section 2ZB(5)).”;
(b)the following subsections were added after subsection (5A) (as inserted by regulation 4)—
“(6C) Where a court or industrial tribunal awards a payment by way of arrears of benefits or damages, or makes any other financial award, the employer shall provide any such resources to the scheme as are specified in subsection (7C).
(7C) The resources referred to in subsection (6C) are such additional resources, if any, as may be necessary for the scheme to secure to the pensioner member the payment of the amount awarded or other financial award made, without contribution or further contribution by the pensioner member or by other members of the scheme.”.
(3) Section 2ZB of the Equal Pay Act shall have effect as if—
(a)for subsection (1) there were substituted the following subsections—
“(1) This section applies for the purpose of determining the arrears date, in relation to an award of any payment by way of arrears of benefits or damages or any other financial award in relevant proceedings in respect of a woman, for the purposes of section 2(5).
(1A) In subsection (1), “relevant proceedings” means proceedings in respect of the terms on which members of an occupational pension scheme are treated.”; and
(b)in subsection (2), the reference in the definition of “concealment case” to the employer were a reference to the employer or the trustees or managers of the scheme.”.
Modifications: operation of equality clause on pension-related terms of employment
6. For regulation 10 (power to declare right to admission to scheme for breach of term in contract of employment and employer’s duty to provide additional resources) there shall be substituted the following regulation—
“Power for a court or industrial tribunal to declare right to admission to scheme for breach of term in contract of employment in relation to access claims
10. Where a claim to which regulation 9 applies, relates to the terms on which persons become members of the scheme, section 2 of the Equal Pay Act shall have effect as if, after subsection (5) (as modified by regulation 9), there were added the following subsection—
“(6D) Where a court or industrial tribunal finds that there has been a breach of an equality clause which relates to the terms on which persons become members of the scheme (including any terms concerning the age or length of service needed for becoming a member of the scheme), the court or tribunal may declare that a woman has a right to be admitted to the scheme with effect from such date as it may specify provided that, in any case, that date is not earlier than 8th April 1976.”.”.
Section 2ZA was inserted by regulation 4 of S.R. 2004 No. 171
Section 2(4) was substituted by regulation 3 of S.R. 2004 No. 171
Section 2 was amended by paragraphs 2 and 6 of Schedule 1 to the Sex Discrimination (Northern Ireland) Order 1976 and regulation 3 of S.R. 2004 No. 171
Section 2ZB was inserted by regulation 5 of S.R. 2004 No. 171