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8.—(1) Section 7A of the Equal Pay Act (service pay and conditions) shall have effect, in relation to the operation of an equal treatment rule in respect of an armed forces scheme, as if it were modified as follows (see also regulations 10 and 11 which make further modifications to deal with different cases).
(2) Omit subsections (1) and (2).
(3) For subsections (3) and (4) substitute—
“(3) Any claim in respect of the contravention, in respect of a woman, of a term of an armed forces scheme which—
(a)relates to the terms on which—
(i)persons become members of the scheme, or
(ii)members of the scheme are treated; and
(b)is modified or included by an equal treatment rule,
may be presented by way of a complaint to an employment tribunal under this section (and may not be presented by way of a complaint to an employment tribunal under section 2 above).
(4) Subsections (5) to (10) below apply in relation to any claim by a woman (“the claimant”) arising from a contravention of a term of a scheme referred to in subsection (3) above.”.
(4) For subsection (10) substitute—
“(10) Section 2A above shall apply in relation to a complaint in respect of the claim as it applies to a complaint presented to an employment tribunal under section 2(1) above, but with the substitution for any reference to section 1(2)(c) above of a reference to section 62(3)(c) of the Pensions Act 1995 (the equal treatment rule).”.
(5) In subsection (12), after the definition of “armed forces”, insert—
““armed forces scheme” has the same meaning as in the Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005;”.
(6) After subsection (13) insert—
“(14) In the application of this section and sections 7AA to 7AC below to any claim in respect of the contravention of a term of an armed forces pension scheme, expressions used in any of those sections and in the Pensions Act 1995 have the same meaning as in that Act.”.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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