Pension Schemes (Northern Ireland) Act 1993

68 No discrimination between short service and long service beneficiaries. N.I.

(1) A scheme must not contain any rule which results, or can result, in a member being treated less favourably for any purpose relating to short service benefit than he is, or is entitled to be, treated for the corresponding purpose relating to long service benefit.

(2) Subsection (1) does not apply to any rule in its application to members whose pensionable service terminated before the rule came into force, unless the rule—

(a) was made after the termination of a member’s pensionable service; and

(b) results, or is capable of resulting, in any treatment less favourable for him than that to which he would have been entitled but for the rule.

(3) Subsection (1) does not apply to a rule which merely confers discretion on the scheme’s trustees or managers, or others, so long as it is not a rule requiring the discretion to be exercised in any discriminatory manner against members in respect of their short service benefit.

[F1 (4) This section is subject to subsections (3) and (6) of section 67 (age at which short service benefit is to be payable).]

Textual Amendments

F1 S. 68(4) added (6.4.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 240(2) (with art. 285(5)); S.R. 2005/48, art. 2(7), Sch. Pt. 7