The Occupational Pension Schemes (Equal Access to Membership) Amendment Regulations 1995

• Citation: S.I. 1995/1215
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Occupational Pension Schemes (Equal Access to Membership) Amendment Regulations 1995, and shall come into force on 31st May 1995.

(2) In these Regulations “the principal Regulations ” means the Occupational Pension Schemes (Equal Access to Membership) Regulations 1976 .

Section 2 Revocation of regulation 4 of the principal Regulations

Regulation 4 of the principal Regulations (upper age limit for membership) is hereby revoked.

Section 3 Insertion of regulation 5A in the principal Regulations

After regulation 5 of the principal Regulations there shall be inserted the following regulation—

Extension of equal access requirements

(5A) Section 118 of the Act is modified by adding, after the word “member” in subsection (1), the following words—

“and on terms which do not otherwise discriminate between them, either directly or indirectly.”.

Section 4 Amendment of regulation 10 of the principal Regulations

In regulation 10 of the principal Regulations (modification of the Equal Pay Act in relation to the equal access requirements), in paragraph (1)(b) the words “(subject to regulation 4 above)” are omitted.

Section 5 Amendment of regulation 12 of the principal Regulations

In regulation 12 of the principal Regulations (power for a court or tribunal to declare right to admission to scheme and employer’s duty to provide additional resources)—

(a) in paragraph (3), after the words “above are”, there shall be inserted the words “, subject to paragraph (4) below,”;

(b) after paragraph (3), there shall be added the following paragraph—

(4) Where the equal access requirements apply by virtue of regulation 5A above (extension of equal access requirements), the additional resources to be provided by the employer in accordance with paragraph (3) above are such additional resources as are necessary to secure for the employee prospective entitlement to benefit arising from past service as if he had been a member of the scheme since the deemed entry date or 31st May 1995, whichever is the later..

Section 6 Amendment of regulation 13 of the principal Regulations

In regulation 13 of the principal Regulations (employer’s duty to provide additional resources when scheme is modified)—

(a) in paragraph (3), after the words “above are”, there shall be inserted the words “, subject to paragraph (4) below,”;

(b) after paragraph (3), there shall be added the following paragraph—

(4) Where the equal access requirements apply by virtue of regulation 5A above (extension of equal access requirements), the additional resources to be provided by the employer in accordance with paragraph (3) above are such additional resources as are necessary to secure for the employee prospective entitlement to benefit arising from past service as if he had been a member of the scheme since the date determined in accordance with that paragraph or 31st May 1995, whichever is the later..