OpenLegislation

Section 72 No discrimination between short service and long service beneficiaries.I1C1C2C3C4C5C6C7C8C9

(1)

A scheme must not contain any rule which results, or can result, in a member being treated less favourably for any purpose relating to short service benefit than he is, or is entitled to be, treated for the corresponding purpose relating to long service benefit.

(2)

Subsection (1) does not apply to any rule in its application to members whose pensionable service terminated before the rule came into force, unless the rule—

(a)

was made after the termination of a member’s pensionable service; and

(b)

results, or is capable of resulting, in any treatment less favourable for him than that to which he would have been entitled but for the rule.

(3)

Subsection (1) does not apply to a rule which merely confers discretion on the scheme’s trustees or managers, or others, so long as it is not a rule requiring the discretion to be exercised in any discriminatory manner against members in respect of their short service benefit.

F1(4)

This section is subject to subsections (3) and (6) of section 71 (age at which short service benefit is to be payable).

Annotations

Textual amendments

F1

S. 72(4) added (6.4.2005) by Pensions Act 2004 (c. 35), ss. 263(2), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7

Modifications

C1

Ss. 69-76 modified (30.12.2005) by The Occupational Pension Schemes (Cross-border Activities) Regulations 2005 (S.I. 2005/3381), regs. 1, 14, Sch. 2 para. 3

C2

Ss. 71, 72, 74, 75 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations 2015 (S.I. 2015/370), regs. 1(2), 16

C3

Ss. 71, 72, 74, 75 modified (1.4.2015) by The Police Pensions (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/118), regs. 1(3), 16(2) (with reg. 16(1))

C4

Ss. 71, 72, 74, 75 modified (1.4.2015) by The Firefighters’ Pension Scheme (Wales) (Consequential Provisions) Regulations 2015 (S.I. 2015/848), regs. 1(2), 15(2) (with reg. 15(1))

C5

Ss. 71, 72, 74, 75 modified (1.4.2015) by The Firefighters’ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/117), regs. 1(3), 15(2) (with reg. 15(1))

C6

Ss. 71, 72, 74, 75 modified (1.4.2015) by The Armed Forces Pension (Consequential Provisions) Regulations 2015 (S.I. 2015/390), regs. 1(2), 16(2) (with reg. 16(1))

C7

Ss. 71, 72, 74, 75 modified (S.) (1.4.2015) by The Teachers’ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/146), regs. 1(2), 16

C8

Ss. 71, 72, 74, 75 modified (1.4.2015) by The Teachers’ Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/436), regs. 1(2), 16

C9

Ss. 71, 72, 74, 75 modified (1.4.2015) by The Firefighters’ Pension Scheme (England) (Consequential Provisions) Regulations 2015 (S.I. 2015/319), regs. 1(2), 15

Commencement

I1

Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2

Notes on Chapter I

Modifications

C1

Pt. 4 Ch. 1 modified (1.4.2015) by The Judicial Pensions Regulations 2015 (S.I. 2015/182), reg. 1(4), Sch. 3 para. 5 (with regs. 148, 160, Sch. 3 para. 3)

C2

Pt. 4 Ch. 1 modified (S.) (1.4.2015) by The Teachers’ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/146), regs. 1(2), 7 (with reg. 5)

C3

Pt. 4 Ch. 1 modified (1.4.2015) by The Firefighters’ Pension Scheme (England) (Consequential Provisions) Regulations 2015 (S.I. 2015/319), regs. 1(2), 7 (with reg. 5)

C4

Pt. 4 Ch. 1 modified (1.4.2015) by The Armed Forces Pension (Consequential Provisions) Regulations 2015 (S.I. 2015/390), regs. 1(2), 7 (with reg. 5)

C5

Pt. 4 Ch. 1 modified (S.) (1.4.2015) by The National Health Service Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/145), regs. 1(2), 7 (with reg. 5)

C6

Pt. 4 Ch. 1 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations 2015 (S.I. 2015/370), regs. 1(2), 7 (with reg. 5)

C7

Pt. 4 Ch. 1 modified (S.) (1.4.2015) by The Police Pensions (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/118), regs. 1(2), 7 (with reg. 5)

C8

Pt. 4 Ch. 1 modified (S.) (1.4.2015) by The Firefighters’ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/117), regs. 1(2), 7 (with reg. 5)

C9

Pt. 4 Ch. 1 modified (1.4.2015) by The Teachers’ Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/436), regs. 1(2), 7 (with reg. 5)

C10

Pt. 4 Ch. 1 modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential and Amendment) Regulations 2015 (S.I. 2015/372), regs. 1(2), 7 (with reg. 5)

C11

Pt. 4 Ch. 1 modified (1.4.2015) by The National Health Service Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/432), regs. 1(2), 7

C12

Pt. 4 Ch. 1 modified (W.) (1.4.2015) by The Firefighters’ Pension Scheme (Wales) (Consequential Provisions) Regulations 2015 (S.I. 2015/848), regs. 1(2), 7 (with reg. 5)

C13

Pt. 4 Ch. 1 modified (1.4.2022) by The Judicial Pensions Regulations 2022 (S.I. 2022/319), reg. 1(4), Sch. 3 para. 2 (with reg. 120, Sch. 3 para. 1)