The Pensions Act 2004 and the Equality Act 2010 (Amendment) (Equal Treatment by Occupational Pension Schemes) Regulations 2023

Amendment of Chapter 3 of Part 5 of the Equality Act 2010

3.—(1) Chapter 3 of Part 5 of the Equality Act 2010(1) is amended as follows.

(2) After subsection (2) of section 64 (relevant types of work) insert—

“(3) Sections 66 to 68 and 70 apply where a person (A) is or has been in pensionable service under an occupational pension scheme (regardless of whether those sections also apply in A’s case by virtue of subsection (1)).”.

(3) In section 66 (sex equality clause)—

(a) at the beginning of subsection (2) insert “Where this section applies by virtue of section 64(1),”;

(b) after subsection (4) insert—

“(5) Where this section applies by virtue of section 64(3), a sex equality clause is a provision that has the effect that if, by virtue of the application of the guaranteed minimum pension provisions, a term of A’s that relates to membership of or rights under the scheme concerned is less favourable to A than it would be if A were of the opposite sex, the term, in so far as a sex equality rule would have effect in relation to it, is modified so as not to be less favourable.

(6) “Guaranteed minimum pension provisions” means so much of the Pension Schemes Act 1993 and of any other enactment as relates to guaranteed minimum pensions (within the meaning of that Act).”.

(4) In section 67 (sex equality rule)—

(a) at the beginning of subsection (2) insert “Where this section applies by virtue of section 64(1),”;

(b) after subsection (2) insert—

“(2A) Where this section applies by virtue of section 64(3), a sex equality rule is a provision that has the following effect—

(a) if, by virtue of the application of the guaranteed minimum pension provisions, a relevant term is less favourable to A than it would be if A were of the opposite sex, the term is modified so as not to be less favourable;

(b) if, by virtue of the application of those provisions, a term confers a relevant discretion capable of being exercised in a way that would be less favourable to A than it would be if A were of the opposite sex, the term is modified so as to prevent the exercise of the discretion in that way.

(2B) “Guaranteed minimum pension provisions” means so much of the Pension Schemes Act 1993 and of any other enactment as relates to guaranteed minimum pensions (within the meaning of that Act).”.

(1)

2010 c. 15.