The Occupational Pension Schemes (Equal Treatment) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations supplement the requirements for equal treatment relating to occupational pension schemes provided for in sections 62 to 66 of the Pensions Act 1995. Those sections implement the requirements of Article 119 of the Treaty establishing the European Community (concerning equal pay for men and women). These Regulations supersede the Occupational Pension Schemes (Equal Access to Membership) Regulations 1976 (S.I. 1976/142) as amended, made under section 118 of the Pension Schemes Act 1993 which is now repealed.

Regulation 2 provides for the Equal Pay Act 1970 to have effect in relation to an equal treatment rule subject to certain modifications.

Regulation 3 provides that a court or tribunal may not make a financial award for a claim relating to breach of an equal treatment rule and regulation 4 provides an employer with the right to appear and be heard in such proceedings before a tribunal.

Regulations 5 and 6 provide for a court or tribunal to have power to make a declaration as to an applicant’s rights to equal treatment and for employers to provide any additional resources which may be required.

Regulation 7 makes provision in relation to the making of a financial award to a pensioner member in respect of a breach of an equal treatment rule and for employers to provide any additional resources which may be required.

Regulations 8 to 12 make provision, in relation to a breach of an equality clause in a contract of employment, similar to that contained in regulations 2 to 7.

Regulations 13 to 15 provide for permitted exceptions to an equal treatment rule. Regulation 13 concerns bridging pensions which are paid to men before they reach state pension age. Regulation 14 concerns indexation paid with a member’s pension equivalent to the payments to which a person of the opposite sex would be entitled as part of the State additional pension. Regulation 15 concerns the use of actuarial factors which differ for men and women in relation to the calculation of employers' contributions in certain circumstances and the provision of certain benefits.

As these Regulations concern the existing requirements of Article 119 of the Treaty establishing the European Community, no compliance cost assessment has been prepared.