The Occupational Pension Schemes (Equal Access to Membership) Amendment Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify the equal access requirements in section 118 of the Pension Schemes Act 1993 and make related amendments to the Occupational Pension Schemes (Equal Access to Membership) Regulations 1976 (“the principal Regulations”) in order to implement requirements of Article 119 of the Treaty establishing the European Economic Community.

Regulation 2 revokes regulation 4 of the principal Regulations which makes provision for the fixing of different maximum age limits for membership in the case of schemes with different normal pension ages for men and women.

Regulation 3 inserts a new regulation 5A into the principal Regulations which provides for the extension of the equal access requirements.

Regulation 4 makes a consequential amendment to regulation 10 of the principal Regulations.

Regulations 5 and 6 amend regulations 12 and 13 of the principal Regulations by providing for the additional resources to be provided by employers, in cases to which regulation 5A of the principal Regulations (inserted by regulation 3 of these Regulations) applies, to relate to periods of membership after the coming into force of these Regulations.

The report of the Occupational Pensions Board on the draft of these Regulations which was referred to them, together with a statement by the Secretary of State showing that these Regulations give effect to the Board’s recommendations, is contained in Command Paper Cm. 2855, published by Her Majesty’s Stationery Office.

As these Regulations implement requirements of Article 119 of the Treaty establishing the European Economic Community, no compliance cost assessment has been prepared.