Part IIF1THE EMPLOYMENT FIELDF2and members of locally-electable authorities

Annotations:
Amendments (Textual)
F1

Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)

F2

Pt 2 heading: words inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 4; S.I 2005/2774, {art. 3(j)}

F4F3Occupational pension schemes

Annotations:
Amendments (Textual)
F4

Ss. 4-4K and cross-headings substituted for s. 4 and preceding cross-heading (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5(1)

F3

Ss. 4-4F and cross-headings substituted for ss. 4-6 and preceding cross-heading (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(1)

E24KC1 Occupational pension schemes: supplementary

 

1

In their application to communications, sections 4G to 4J apply in relation to a disabled person who is—

a

entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or

b

a pension credit member of such a scheme,

as they apply in relation to a disabled person who is a pensioner member of the scheme.

2

In sections 4G to 4J and in this section—

  • “active member”, “deferred member”, “managers”, “pension credit member”, “pensioner member” and “trustees or managers” have the meanings given by section 124(1) of the Pensions Act 1995 F5 as at the date of coming into force of this section;

  • “communications” includes—

    1. i

      the provision of information, and

    2. ii

      the operation of a dispute resolution procedure;

  • “member”, in relation to an occupational pension scheme, means any active, deferred or pensioner member;

  • “non-discrimination rule” means the rule in section 4G(1);

  • “relevant disabled person”, in relation to an occupational pension scheme, means a disabled person who is a member or prospective member of the scheme; and

  • “prospective member” means any person who, under the terms of his contract of employment or the scheme rules or both—

    1. i

      is able, at his own option, to become a member of the scheme,

    2. ii

      will become so able if he continues in the same employment for a sufficiently long period,

    3. iii

      will be admitted to it automatically unless he makes an election not to become a member, or

    4. iv

      may be admitted to it subject to the consent of his employer.

E14KF4Occupational pension schemes: supplementary

1

In their application to communications, sections 4G to 4J apply in relation to a disabled person who is –

a

entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or

b

a pension credit member of such a scheme,

as they apply in relation to a disabled person who is a pensioner member of the scheme.

2

In sections 4G to 4J and in this section –

  • “active member”, “deferred member”, “managers"“, “pension credit member”, “pensioner member” and “trustees or managers” have the meanings given by Article 121(1) of the Pensions (Northern Ireland) Order 1995 as at the date of coming into operation of this section;

  • “communications” includes –

    1. i

      the provision of information, and

    2. ii

      the operation of a dispute resolution procedure;

  • “member”, in relation to an occupational pension scheme, means any active, deferred or pensioner member;

  • “non-discrimination rule” means the rule in section 4G(1);

  • “relevant disabled person”, in relation to an occupational pension scheme, means a disabled person who is a member or prospective member of the scheme; and

  • “prospective member” means any person who, under the terms of his contract of employment or the scheme rules or both –

    1. i

      is able, at his own option, to become a member of the scheme,

    2. ii

      will become so able if he continues in the same employment for a sufficiently long period,

    3. iii

      will be admitted to it automatically unless he makes an election not to become a member, or

    4. iv

      may be admitted to it subject to the consent of his employer.