The Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011

Amendments to the Employment Equality (Age) Regulations (Northern Ireland) 2006

2.—(1) The Employment Equality (Age) Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 7 (applicants and employees), omit paragraphs (4), (5) and (8).

(3) Regulation 32 (exception for retirement) is revoked.

(4) For regulation 36 (exception for provision of life assurance cover to retired workers), substitute—

“Insurance etc.

36.— (1) Nothing in Part 2 or 3 shall render it unlawful for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of an employee for a period ending when the employee attains whichever is the greater of—

(a) the age of 65, and

(b) the state pensionable age.

(2) Nothing in Part 2 or 3 shall render it unlawful for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of only such employees as have not attained whichever is the greater of—

(a) the age of 65, and

(b) the state pensionable age.

(3) Paragraphs (1) and (2) apply only where the insurance or related financial service is, or is to be, provided to the employer’s employees or a class of those employees—

(a) in pursuance of an arrangement between the employer and another person, or

(b) where the employer’s business includes the provision of insurance or financial services of the description in question, by the employer.

(4) The state pensionable age is the pensionable age determined in accordance with the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995(2).”.

(5) Regulation 51 (duty to consider working beyond retirement) is revoked.

(6) Schedule 5 (duty to consider working beyond retirement) is revoked.

(7) In Schedule 7, omit sub-paragraphs (3) to (5), (7) and (9) of paragraph 3.

(1)

S.R. 2006 No. 261; to which there are amendments not relevant to these Regulations.

(2)

S.I. 1995/3213 (N.I. 22); paragraph 1 of Schedule 2 was amended by paragraph 28 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c.14 (N.I.)); paragraph 8 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c.2 (N.I.)); and paragraph 4 of Schedule 3 to the Pensions Act (Northern Ireland) 2008 (c.1 (N.I.)).