Regulation 5 Amendment of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

Regulation 28 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (exception for benefits dependent on a person’s status)^f1 is amended as follows.

The existing text becomes paragraph (1).

After paragraph (1) insert—

“(2)

Paragraph (1)(a) does not apply in relation to access to a benefit payable under an occupational pension scheme to the surviving spouse or surviving civil partner of a deceased member or deceased pension credit member of the scheme.

(3)

In paragraph (2), in relation to an occupational pension scheme—

• “member” means any active member, deferred member or pensioner member;

• “pension credit member” has the meaning given by Article 121(1)^f2 of the Pensions (Northern Ireland) Order 1995;

and “deceased member” and “deceased pension credit member” mean a person who was a member or a pension credit member (as the case may be) immediately before death.

(4)

In this regulation—

• “active member”, “deferred member” and “pensioner member” each has the meaning given by Article 121(1) of the Pensions (Northern Ireland) Order 1995;

• “occupational pension scheme” has the meaning given by section 1(1)^f3 of the Pension Schemes (Northern Ireland) Act 1993.”.