Retained Eu Law Reform, Northern Ireland Citation, commencement and extent 1 1 These Regulations may be cited as the Occupational Pension Schemes (Amendment) (Equal Treatment) (Northern Ireland) Regulations 2023. 2 These Regulations come into force immediately before the end of 2023. 3 These Regulations extend to Northern Ireland only. Amendment of the Equal Pay Act (Northern Ireland) 1970 2 1 The Equal Pay Act (Northern Ireland) 1970 is amended as follows. 2 After section 1A (meaning of “ political office ” in section 1(7C)(a)) insert— Equal treatment in respect of pensions 1B 1 An equality clause does not operate in relation to terms relating to a person’s membership of, or rights under, an occupational pension scheme, being terms in relation to which, by reason only of any provision made by or under Articles 62 to 64 of the Pensions (Northern Ireland) Order 1995 (equal treatment), an equal treatment rule would not operate if the terms were included in the scheme. 2 Subsection (3) applies where a person (“ A ”) is or has been in pensionable service under an occupational pension scheme (regardless of whether section 1 also applies). 3 If the terms of A’s service do not (by whatever means) include an equality clause, they are to be treated as including one. 4 For the purposes of subsection (3), an equality clause has the effect that if, by virtue of the application of the guaranteed minimum pension provisions, any term of A’s service 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 an equal treatment rule would have effect in relation to it, is modified so as not to be less favourable. 5 The provisions of this Act apply in relation to an equality clause having effect under subsection (3) as they apply in relation to an equality clause having effect under section 1(1). 6 In this section— “ equal treatment rule ” has the meaning given by Article 62 of the Pensions (Northern Ireland) Order 1995; “ guaranteed minimum pension provisions ” means so much of the Pension Schemes (Northern Ireland) Act 1993 and of any other statutory provision as relates to guaranteed minimum pensions (within the meaning of that Act); “ occupational pension scheme ” has the meaning given by section 1 of the Pension Schemes (Northern Ireland) Act 1993; “ pensionable service ” has the meaning given by Article 121(1) of the Pensions (Northern Ireland) Order 1995; “ statutory provision ” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 . . 3 In section 6 (exclusion from ss.1 to 5 of pensions etc.)— a for the heading substitute “Exclusions from sections 1 to 5” ; b omit subsections (1B) and (1C). Amendment of the Pensions (Northern Ireland) Order 1995 3 1 The Pensions (Northern Ireland) Order 1995 is amended as follows. 2 In Article 62 (the equal treatment rule), after paragraph (6) insert— 7 Where a person (“ A ”) is or has been in pensionable service under an occupational pension scheme, an equal treatment rule has the effects set out in paragraphs (8) and (9). 8 If, by virtue of the application of the guaranteed minimum pension provisions, any of the terms referred to in paragraph (2) 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. 9 If— a any of the terms referred to in paragraph (2) confers on the trustees or managers of an occupational pension scheme, or any other person, a discretion which, in a case within paragraph (7), may be exercised so as to affect the way in which persons become members of the scheme, or the way in which members of the scheme are treated, and b by virtue of the application of the guaranteed minimum pension provisions, the discretion is 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. 10 In paragraphs (8) and (9), “ guaranteed minimum pension provisions ” means so much of the Pension Schemes Act and of any other enactment as relates to guaranteed minimum pensions (within the meaning of that Act). 11 In Articles 63 to 65, references to the terms referred to in paragraph (2) include a term within paragraph (9)(a) and references to the effect of those terms include the effect of any exercise of a discretion conferred by any such term; and references to the terms on which members of an occupational pension scheme are treated are to be read accordingly. . 3 In Article 63(4) (equal treatment rule: supplementary – construction of article 62), for “section 1” substitute “sections 1 and 1B” . 4 Omit Article 66(1) (equal treatment rule: effect on terms of employment, etc. – amendment to section 6 of the Equal Pay Act (Northern Ireland) 1970). Amendment of the Pensions (Northern Ireland) Order 2005 4 1 Article 155 of the Pensions (Northern Ireland) Order 2005 (equal treatment) is amended as follows. 2 In paragraph (1), for “This Article” substitute “Paragraph (2)” . 3 After paragraph (4) insert— 4A Paragraph (4B) applies where a person has been in pensionable service under an occupational pension scheme (regardless of whether paragraph (2) also applies in that person’s case). 4B If, apart from this paragraph, any of the payment functions so far as it relates (directly or indirectly) to that pensionable service— a is, by virtue of the application of the guaranteed minimum pension provisions, or b becomes, by virtue of the application of those 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. . 4 In paragraph (6), before the definition of “payment function” insert— “ guaranteed minimum pension provisions ” means so much of the Pension Schemes Act and of any other enactment as relates to guaranteed minimum pensions (within the meaning of that Act); . Amendment of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 5 1 Regulation 28 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (exception for benefits dependent on a person’s status) is amended as follows. 2 The existing text becomes paragraph (1). 3 After paragraph (1) insert— 2 Paragraph (1)(a) 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. 3 In paragraph (2), in relation to an occupational pension scheme— “ member ” means any active member, deferred member or pensioner member; “ pension credit member ” has the meaning given by Article 121(1) of the Pensions (Northern Ireland) Order 1995; and “deceased member” and “deceased pension credit member” mean a person who was a member or a pension credit member (as the case may be) immediately before death. 4 In this regulation— “active member”, “deferred member” and “pensioner member” each has the meaning given by Article 121(1) of the Pensions (Northern Ireland) Order 1995; “ occupational pension scheme ” has the meaning given by section 1(1) of the Pension Schemes (Northern Ireland) Act 1993. . Signed by authority of the Secretary of State for Work and Pensions Paul Maynard Parliamentary Under Secretary of State Department for Work and Pensions 4th December 2023