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In force since 2023-12-04, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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5 provisions
Title and introductory text
2023 No. 1308
Retained Eu Law Reform
Pensions
The Pensions Act 2004 and the Equality Act 2010 (Amendment) (Equal Treatment by Occupational Pension Schemes) Regulations 2023
Made
4th December 2023
Coming into force in accordance with regulation 1(b)
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 11(1) and 13(2), (3)(a) and (b) and (7) of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”).
The Secretary of State is a relevant national authority for the purposes of section 11(1) of the 2023 Act.
A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with paragraph 5(1) of Schedule 5 to the 2023 Act.
Propose a change1 Citation, commencement and extent
These Regulations—
(a) may be cited as the Pensions Act 2004 and the Equality Act 2010 (Amendment) (Equal Treatment by Occupational Pension Schemes) Regulations 2023;
(b) come into force immediately before the end of 2023;
(c) extend to England and Wales and Scotland.
Propose a change2 Amendment of the Pensions Act 2004
(1) Section 171 (equal treatment) of the Pensions Act 2004 is amended as follows.
(2) In subsection (1), for “This section” substitute “Subsection (2)”.
(3) After subsection (4) insert—
(4A) Subsection (4B) applies where a person has been in pensionable service under an occupational pension scheme (regardless of whether subsection (2) also applies in that person’s case).
(4B) If, apart from this subsection, any of the payment functions so far as it relates (directly or indirectly) to that pensionable service is or becomes, by virtue of the application of the guaranteed minimum pension provisions, less favourable to that person than it would be if that person were of the opposite sex, that function has effect with such modifications as are necessary to ensure that the provision is not less favourable.
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(4) In subsection (6), before the definition of “payment function” insert—
“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);
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Propose a change3 Amendment of Chapter 3 of Part 5 of the Equality Act 2010
(1) Chapter 3 of Part 5 of the Equality Act 2010 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)).
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(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).
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(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).
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Propose a change4 Amendment of Schedule 9 (work: exceptions) to the Equality Act 2010
After sub-paragraph (1B) of paragraph 18 (benefits dependent on marital status, etc.) of Schedule 9 to the Equality Act 2010 insert—
(1C) Sub-paragraph (1) does not apply in relation to access to a benefit payable under an occupational pension scheme to the surviving spouse or surviving civil partner of a deceased member or deceased pension credit member of the scheme.
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Propose a change