Part 9Enforcement
Chapter 4Equality of terms
I1135Supplementary
1
This section applies for the purposes of sections 132 to 134.
2
A standard case is a case which is not—
a
a concealment case,
b
an incapacity case, or
c
a concealment case and an incapacity case.
3
A concealment case in relation to an equality clause is a case where—
a
the responsible person deliberately concealed a qualifying fact (as defined by section 130) from the worker, and
b
the worker commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.
4
A concealment case in relation to an equality rule is a case where—
a
the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact (as defined by section 130) from the member, and
b
the member commenced the proceedings before the end of the period of 6 years beginning with the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact.
5
An incapacity case is a case where the worker or member—
a
had an incapacity when the breach first occurred, and
b
commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker or member ceased to have the incapacity.
6
A case involves a relevant incapacity or a relevant fraud or error if the period of 5 years referred to in section 132(5)(a) F1or 134(6)(a) is, as a result of subsection (7) below, reckoned as a period of more than F25 years; and—
a
if, as a result of subsection (7), that period is reckoned as a period of more than 5 years but no more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is that extended period;
b
if, as a result of subsection (7), that period is reckoned as a period of more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is a period of 20 years.
7
For the purposes of the reckoning referred to in subsection (6), no account is to be taken of time when the worker or member—
a
had an incapacity, or
b
was induced by a relevant fraud or error to refrain from commencing proceedings (not being a time after the worker or member could with reasonable diligence have discovered the fraud or error).
8
For the purposes of subsection (7)—
a
a fraud is relevant in relation to an equality clause if it is a fraud on the part of the responsible person;
b
an error is relevant in relation to an equality clause if it is induced by the words or conduct of the responsible person;
c
a fraud is relevant in relation to an equality rule if it is a fraud on the part of the employer or the trustees or managers of the scheme;
d
an error is relevant in relation to an equality rule if it is induced by the words or conduct of the employer or the trustees or managers of the scheme.
9
A reference in subsection (8) to the responsible person, the employer or the trustees or managers includes a reference to a person acting on behalf of the person or persons concerned.
10
In relation to terms of service, a reference in section 132(5) or subsection (3) or (5)(b) of this section to commencing proceedings is to be read as a reference to making a service complaint.
11
A reference to a pensioner member of a scheme includes a reference to a person who is entitled to the present payment of pension or other benefits derived through a member.
12
In relation to proceedings before a court—
a
a reference to a complaint is to be read as a reference to a claim, and
b
a reference to a complainant is to be read as a reference to a claimant.