# The Occupational Pension Schemes (Amendment) (Equal Treatment) (Northern Ireland) Regulations 2023, Regulation 5: Amendment of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003


(1) Regulation 28 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (exception for benefits dependent on a person’s status) is amended as follows.
(2) The existing text becomes paragraph (1).
(3) 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) 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) of the Pension Schemes (Northern Ireland) Act 1993.”.

---
Source: https://www.legislation.gov.uk/ukdsi/2023/9780348251739/regulation/5 (the official version)
Page: https://openlegislation.uk/draft-occupational-pension-schemes-amendment-equal-treatment-northern-ireland-regulations-2023/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.