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10. (1) In the case of a claim that—
(a)is made in respect of a contravention of a term of an armed forces scheme that relates to the terms on which—
(i)persons become members of the scheme, or
(ii)members of the scheme are treated, and
(b)does not fall within regulation 11,
section 7A of the Equal Pay Act shall have effect as if it were further modified as follows.
(2) For subsection (9) substitute—
“(9) A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of benefits or damages or any other financial award.
(9A) A court or employment tribunal which finds that there has been a contravention of a term which is modified or included by an equal treatment rule may—
(a)where the contravention relates to the terms on which persons become members of an armed forces scheme (including any terms concerning the age or length of service needed for becoming a member of the scheme), declare that a woman has the right to be admitted to the scheme with effect from such date as the court or employment tribunal may specify provided that, in any case, that date is not earlier than 8th April 1976;
(b)where the contravention relates to the terms on which members of an armed forces scheme are treated, declare that a woman who is a member has a right to equal treatment in respect of such a period as the court or employment tribunal may specify provided that, in any case, that period does not begin before 17th May 1990.
(9B) Where a declaration under subsection (9A)(b) above relates to any period falling before the date of the declaration, the employer shall provide to the armed forces scheme such additional resources (if any) as may be necessary for the scheme to secure to the member, without contribution or further contribution by the member or by other members of the scheme, the same accrued rights in respect of the period falling before the date of the declaration as if that member had been treated equally in respect of that period.”.
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