Disability Discrimination Act 1995

Valid from 01/12/2003

4G Occupational pension schemes: non-discrimination rule E+W+S

 

(1) Every occupational pension scheme shall be taken to include a provision (“the non- discrimination rule”) containing the following requirements—

(a) a requirement that the trustees or managers of the scheme refrain from discriminating against a relevant disabled person in carrying out any of their functions in relation to the scheme (including in particular their functions relating to the admission of members to the scheme and the treatment of members of the scheme);

(b) a requirement that the trustees or managers of the scheme do not subject a relevant disabled person to harassment in relation to the scheme.

(2) The other provisions of the scheme are to have effect subject to the non- discrimination rule.

(3) It is unlawful for the trustees or managers of an occupational pension scheme—

(a) to discriminate against a relevant disabled person contrary to requirement (a) of the non-discrimination rule; or

(b) to subject a relevant disabled person to harassment contrary to requirement (b) of the non-discrimination rule.

(4) The non-discrimination rule does not apply in relation to rights accrued, or benefits payable, in respect of periods of service prior to the coming into force of this section (but it does apply to communications with members or prospective members of the scheme in relation to such rights or benefits).

(5) The trustees or managers of an occupational pension scheme may, if—

(a) they do not (apart from this subsection) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule, or

(b) they have such power but the procedure for doing so—

(i) is liable to be unduly complex or protracted, or

(ii) involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty,

by resolution make such alterations to the scheme.

(6) The alterations referred to in subsection (5) may have effect in relation to a period before the alterations are made (but may not have effect in relation to a period before the coming into force of this section).

Extent Information

E1 This section extends to England and Wales and Scotland only; a separate s. 4G exists for Northern Ireland only.

Modifications etc. (not altering text)

C1 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}