Explanatory note

These Regulations contain permitted exceptions to a sex equality rule provided for by sections 67-71 of the Equality Act 2010 (“the Equality Act”).

Sections 67-71 of the Equality Act supersede an equal treatment rule provided for by sections 62-66 of the Pensions Act 1995, now repealed. Exceptions to that equal treatment rule were contained in regulations 13-15 of the Occupational Pension Schemes (Equal Treatment) Regulations 1995 (S.I. 1995/3183) (“the Equal Treatment Regulations”), now repealed. The exceptions contained in the Equal Treatment Regulations are replaced by the provisions in these Regulations.

Regulation 3 concerns bridging pensions which are paid to men before they reach state pension age. Regulation 4 concerns indexation paid with a member’s pension equivalent to the payments to which a person of the opposite sex would be entitled as part of the State additional pension. Regulation 5 concerns the use of actuarial factors which differ for men and women in relation to the calculation of employers’ contributions in certain circumstances and the provision of certain benefits.

An Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business, charities or voluntary bodies.