The Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations (Northern Ireland) 2005

Claims by pensioner members relating to contraventions of terms as to treatment

11.—(1) In the case of a claim that—

(a)is made in respect of a contravention of a term of an armed forces scheme that relates to the terms on which members of the scheme are treated, and

(b)is made by a pensioner member,

the following provisions of the Equal Pay Act shall have effect as if they were modified (or in the case of section 6A further modified) as follows.

(2) Section 6A shall have effect as if for subsection (9) there were substituted the following subsections—

“(9) A woman who is a pensioner member shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of benefits or damages or any other financial award in respect of a time earlier than the arrears date (determined in accordance with section 6AB);

(9A) Where a court or industrial tribunal awards a payment by way of arrears of benefits or damages, or makes any other financial award, the employer shall provide any such resources to the armed forces scheme as are specified in subsection (9B).

(9B) The resources referred to in subsection (9A) are such additional resources, if any, as may be necessary for the scheme to secure to the pensioner member the payment of the amount awarded or other financial award made, without contribution or further contribution by the pensioner member or by other members of the scheme.”.

(3) Section 6AB (“arrears date” in proceedings under section 6A(9)) shall have effect as if —

(a)for subsection (1) there were substituted the following subsection—

“(1) This section applies for the purpose of determining the arrears date, in relation to an award of any payment by way of arrears of benefits or damages or any other financial award in relevant proceedings in respect of a woman, for the purposes of section 6A(9).

(1A) In subsection (1) “relevant proceedings” means proceedings on a complaint in respect of the terms on which members of an armed forces scheme are treated.”, and

(b)in subsection (2), in paragraph (a) of the definition of “concealment case” for “the employer” there were substituted “the employer or the managers of the armed forces scheme”.