Social Security Pensions Act 1975

53 Equal access requirements. E+W+S

(1) The provisions of sections 54 to 56 below shall have effect with a view to securing that the rules of occupational pension schemes conform with the equal access requirements.

(2) Subject to subsection (3) below, the equal access requirements in relation to a scheme are that membership of the scheme is open to both men and women on terms which are the same as to the age and length of service needed for becoming a member and as to whether membership is voluntary or obligatory.

(3) Regulations may—

(a) provide for the equal access requirements to apply, whether to an occupational pension scheme, or to terms of employment relating to membership of it, or to both, with such modifications and exceptions as the Secretary of State considers necessary for particular cases or classes of case;

(b) modify those requirements in any manner which he thinks appropriate with a view to securing the orderly implementation of the provisions of sections 54 to 56 below and to obtaining general compliance with those provisions.

(4) A rule does not contravene the equal access requirements only because it confers on the scheme’s trustees or managers, or others, a discretion whose exercise may result in a person being more or less favourably treated than he otherwise would be, so long as the rule does not provide for the discretion to be exercised in any discriminatory manner as between men and women.

(5) This section and sections 54 to 56 below shall have effect in relation to any occupational pension scheme which is in force on, or comes into force after, the day on which this section comes into operation, being a scheme whose resources are derived as mentioned in section 40(1) above.

(6) Regulations may make provision—

(a) for the M1 Equal Pay Act 1970 to have effect, in relation to terms of employment relating to membership of an occupational pension scheme, with such modifications as may be prescribed;

(b) for imposing requirements on employers as to the payment of contributions and otherwise in case of their failing or having failed to comply with any such terms;

(c) for the consequential modification of a scheme’s rules where there has been an alteration under the M2 Equal Pay Act 1970 of any such terms.

(7) A reference in this section to terms of employment includes (where the context permits)—

(a) any collective agreement or pay structure;

(b) a wages regulation order within section 4 of the M3 Equal Pay Act 1970; and

(c) an agricultural wages order within section 5 of that Act.

Modifications etc. (not altering text)

C1 Under para. 11(a) of Sch. 5, and under Sch. 9, to the Social Security Act 1989 (c. 24), ss. 53-56 are due, prosp., to be repealed.

Marginal Citations

M1 1970 c. 41.

M2 1970 c. 41.

M3 1970 c. 41.