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55.(1) The provisions of Articles 56 to 58 shall have effect with a view to
securing that the rules of occupational pension schemes conform with the equal
access requirements.
(2) Subject to paragraph (3), the equal access requirements, in relation to a
scheme are that membership of the scheme is open to both men and women on
terms which are the same as to the age and length of service needed for
becoming a member and as to whether membership is voluntary or obligatory.
(3) Regulations may
(a)provide for the equal access requirements to apply whether to an
occupational pension scheme, or to terms of employment relating to membership
of it, or to both with such modifications and exceptions as the Department
considers necessary for particular cases or classes of case;
(b)modify those requirements in any manner which the Department considers
appropriate with a view to securing the orderly implementation of the
provisions of Articles 56 to 58 and to obtaining general compliance with those
provisions.
(4) A rule does not contravene the equal access requirements only because it
confers on the scheme's trustees or managers, or others, a discretion whose
exercise may result in a person being more or less favourably treated than he
otherwise would be, so long as the rule does not provide for the discretion to
be exercised in any discriminatory manner as between men and women.
(5) This Article and Articles 56 to 58 shall have effect in relation to any
occupational pension scheme which is in force on, or comes into force after,
the day on which this Article comes into operation, being a scheme whose
resources are derived as mentioned in Article 42(1).
(6) Regulations may make provision
(a)for the Equal Pay Act (Northern Ireland) 1970 ("the Equal Pay Act") to have
effect, in relation to terms of employment relating to membership of an
occupational pension scheme, with such modifications as may be prescribed;
(b)for imposing requirements on employers as to the payment of contributions
and otherwise in case of their failing or having failed to comply with any
such terms;
(c)for the consequential modification of a scheme's rules where there has been
an alteration under the Equal Pay Act of any such terms.
(7) A reference in this Article to terms of employment includes (where the
context permits)
(a)any collective agreement or pay structure;
(b)a wages regulation order within section 4 of the Equal Pay Act; and
(c)an agricultural wages order within section 5 of that Act.
© 1975 Crown Copyright
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