17 Occupational pension schemes.U.K.
(1)Every occupational pension scheme shall be taken to include a provision (“a non-discrimination rule”)—
(a)relating to the terms on which—
(i)persons become members of the scheme; and
(ii)members of the scheme are treated; and
(b)requiring the trustees or managers of the scheme to refrain from any act or omission which, if done in relation to a person by an employer, would amount to unlawful discrimination against that person for the purposes of this Part.
(2)The other provisions of the scheme are to have effect subject to the non-discrimination rule.
(3)Without prejudice to section 67, regulations under this Part may—
(a)with respect to trustees or managers of occupational pension schemes make different provision from that made with respect to employers; or
(b)make provision modifying the application to such trustees or managers of any regulations made under this Part, or of any provisions of this Part so far as they apply to employers.
(4)In determining, for the purposes of this section, whether an act or omission would amount to unlawful discrimination if done by an employer, any provision made under subsection (3) shall be applied as if it applied in relation to the notional employer.
Commencement Information
I1S. 17 wholly in force at 2.12.1996; s. 17 not in force at Royal Assent see s. 70(3); s. 17(3) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 17(3) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 17(1)(2)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 17(1)(2)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II