Occupational Pension Schemes (Equal Treatment) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/3183 |
| Year | 1995 |
1995No. 3183
PENSIONS
The Occupational Pension Schemes (Equal Treatment)
Regulations 1995
7thDecember1995
11thDecember1995
1stJanuary1996
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 63(5), 64(2) and (3), 66(4), 124(1) and 174(2) and (3) of the Pensions Act 1995 ( a) and of all other powers enabling him in that behalf, by this instrument, which is made before the end of the period of 6 months beginning with the coming into force of those provisions of Part I of that Act by virtue of which it is made ( b), hereby makes the following Regulations:-
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Occupational Pension Schemes (Equal Treatment) Regulations 1995 and shall come into force on 1st January 1996.
(2) In these Regulations, unless the context otherwise requires-
"the Pensions Act" means the Pensions Act 1995;
"Category A retirement pension" has the same meaning as in Part II of the Contributions and Benefits Act;
"the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992 ( c);
"equality clause" shall be construed in accordance with section 1(2) of the Equal Pay Act;
"the Equal Pay Act" means the Equal Pay Act 1970 ( d);
"pensionable age" shall be construed in accordance with section 122(1) of the Contributions and Benefits Act ( e);
(a) 1995 c.26. Section 124(1) is cited for the meaning given to "prescribed" and "regulations".
(b) See section 120 of the Act which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions in Part I of that Act. This duty does not apply where regulations are made before the end of six months from the coming into force of the provisions under which they are made.
(c) 1992 c.4.
(d) 1970 c.41 as amended by the Sex Discrimination Act 1975 (c.65), the Employment Protection Act 1975 (c.71), the Employment Protection (Consolidation) Act 1978 (c.44), the Armed Forces Act 1981 (c.55), the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794), the Wages Act 1986 (c.48), the Contracts (Applicable Law) Act 1990 (c.36), the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52), the Trade Union Reform and Employment Rights Act 1993 (c.19) and the Pensions Act 1995.
(e) The definition of pensionable age was substituted by paragraph 13 of Schedule 4 to the Pensions Act 1995 which provides that it has the meaning given by the rules in paragraph 1 of Schedule 4 to that Act.
"pensionable service" includes any service in respect of which transfer credits have been allowed by the scheme;
"pensioner member" includes a person who is entitled to the present payment of pension or other benefits derived through a member;
"salary-related contracted-out scheme" means an occupational pension scheme which is contracted-out by virtue of satisfying section 9(2) of the Pension Schemes Act 1993 ( a) and includes a scheme which was formerly a salary-related contracted-out scheme which is subject to supervision in accordance with section 53 of that Act;
"scheme" means an occupational pension scheme.
Application of the Equal Pay Act to the equal treatment rule
2. In addition to the modifications made to the Equal Pay Act by the Pensions Act, the Equal Pay Act shall have effect for the purposes of sections 62 to 64 of the Pensions Act in relation to an equal treatment rule-
(a) subject to the further modifications made in regulations 3 to 7 below,(b) as if references to remuneration were to benefits, and(c) as if expressions used in the Pensions Act and in the Equal Pay Act have the same meaning as in the Pensions Act.Modification of the Equal Pay Act: no power to make financial awards in relation to the equal treatment rule
3. In the case of a claim made in respect of a failure to comply with an equal treatment rule, other than a claim to which regulation 7 below applies, section 2 of the Equal Pay Act shall have effect as if for subsection (5) there were substituted-
"(5) A woman shall not be entitled, in proceedings brought in respect of a failure to comply with an equal treatment rule (including proceedings before an industrial tribunal), to be awarded any payment by way of arrears of benefits, damages or any other financial award.".
Modification of the Equal Pay Act: employer to appear and be heard in proceedings for breach of an equal treatment rule
4. In the case of a claim made in respect of a failure to comply with an equal treatment rule, section 2 of the Equal Pay Act shall have effect as if after subsection (5) there were inserted-
"(5A) In any proceedings brought before an industrial tribunal by a woman in respect of a failure to comply with an equal treatment rule, the employer shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.".
Power for a court or industrial tribunal to declare right to admission to scheme and employer's duty to provide additional resources in relation to access claims
5. Where a claim to which regulation 3 applies relates to the terms on which persons become members of the scheme, section 2 of the Equal Pay Act shall have effect as if the following subsections were added after subsection (5A) (as inserted by regulation 4)-
"(6A) Where a court or industrial tribunal finds that there has been a breach of an equal treatment rule which relates to the terms on which persons become members of the scheme-
(a) the court or tribunal may declare that a person has a right to be admitted to the scheme in question with effect from such date ("the deemed entry date") as it may specify provided that such date may not be earlier than two years before the institution of the proceedings in which the order was made, and(b) when the court or tribunal so declares and the deemed entry date is earlier...To continue reading
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