The Employment Equality (Age) Regulations 2006

Pension schemes E+W+S

11.—(1) It is unlawful, except in relation to rights accrued or benefits payable in respect of periods of [F1 pensionable service] prior to the coming into force of[F2 this Regulation], for the trustees or managers of[F3 , or any employer in relation to,] an occupational pension scheme to discriminate against a member or prospective member of the scheme in carrying out any of their functions in relation to it (including in particular their functions relating to the admission of members to the scheme and the treatment of members of it).

(2) It is unlawful for the trustees or managers of[F4 , or any employer in relation to,] an occupational pension scheme, in relation to the scheme, to subject to harassment a member or prospective member of it.

(3) Schedule 2 (pension schemes) shall have effect for the purposes of—

(a) defining terms used in this regulation and in that Schedule;

(b) exempting certain rules and practices in or relating to pension schemes from Parts 2 and 3 of these Regulations;

(c) treating every occupational pension scheme as including a non-discrimination rule;

(d) giving trustees or managers of an occupational pension scheme power to alter the scheme so as to secure conformity with the non-discrimination rule;

(e) making provision in relation to the procedures, and remedies which may be granted, on certain complaints relating to occupational pension schemes presented to an employment tribunal under regulation 36 (jurisdiction of employment tribunals).

Textual Amendments

F1 Words in reg. 11(1) substituted (1.12.2006) by The Employment Equality (Age) (Amendment No.2) Regulations 2006 (S.I. 2006/2931), regs. 1(1), 3(b)

F2 Words in reg. 11(1) substituted (30.9.2006) by The Employment Equality (Age) (Amendment) Regulations 2006 (S.I. 2006/2408), regs. 1, 2(3)

F3 Words in reg. 11(1) inserted (1.12.2006) by The Employment Equality (Age) (Amendment No.2) Regulations 2006 (S.I. 2006/2931), regs. 1(1), 3(a)

F4 Words in reg. 11(2) inserted (1.12.2006) by The Employment Equality (Age) (Amendment No.2) Regulations 2006 (S.I. 2006/2931), regs. 1(1), 3(a)