Regulation 3 Exceptions to the sex equality rule: effect of indexationI1

England, Wales and Scotland

(1)

The following circumstances are prescribed for the purposes of paragraph 4 of Part 2 of Schedule 7 to the Act (state retirement pensions)—

(a)

the scheme is a salary-related contracted-out scheme under which the annual rate of a pension payable to or in respect of a member is increased by more than it would have been increased had the recipient been of the other sex; and

(b)

the amount by which the pension increase exceeds any increase that would have applied had the member been of the other sex, does not exceed the relevant amount.

(2)

In this regulation, the relevant amount means the amount by which X exceeds Y where—

X is the amount by which the additional pension of a Category A retirement pension attributable to the member’s earnings factors during the member’s period of pensionable service under the scheme would have been increased following an order made under section 150(9) of the Social Security Administration Act 1992^f1 if the member had been of the other sex; and
Y is the amount (if any) by which the member’s entitlement to the additional pension of a Category A retirement pension attributable to the member’s earnings factors during the member’s period of pensionable service under the scheme is increased following an order made under section 150(9) of that Act.

Annotations

Commencement

I1: Reg. 3 in force at 1.10.2010, see reg. 1(1)

Footnotes

f1: 1992 c.5. There are amendments to section 150 which are not relevant to these Regulations.