The Occupational Pension Schemes (Amendment) (Equal Treatment) (Northern Ireland) Regulations 2023

Amendment of the Pensions (Northern Ireland) Order 2005

4.—(1) Article 155 of the Pensions (Northern Ireland) Order 2005 (equal treatment)(1) 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);”.

(1)

S.I. 2005/255 (N.I. 1).