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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Disability Discrimination Act 1995 (Pensions) Regulations 2003 URL: https://www.bailii.org/uk/legis/num_reg/2003/20032770.html |
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Made | 1st November 2003 | ||
Laid before Parliament | 10th November 2003 | ||
Coming into force | 1st October 2004 |
Amendment of the 1995 Act
2.
The amendments to the 1995 Act set out in regulations 3 and 4 shall have effect.
Occupational pension schemes
3.
After section 4F (office-holders: supplementary) (as inserted by regulation 5 of the Amendment Regulations), insert the following sections -
(2) The other provisions of the scheme are to have effect subject to the non- discrimination rule.
(3) It is unlawful for the trustees or managers of an occupational pension scheme -
(4) The non-discrimination rule does not apply in relation to rights accrued, or benefits payable, in respect of periods of service prior to the coming into force of this section (but it does apply to communications with members or prospective members of the scheme in relation to such rights or benefits).
(5) The trustees or managers of an occupational pension scheme may, if -
by resolution make such alterations to the scheme.
(6) The alterations referred to in subsection (5) may have effect in relation to a period before the alterations are made (but may not have effect in relation to a period before the coming into force of this section).
4H Occupational pension schemes: duty to make adjustments
(1) Where -
places a relevant disabled person at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the trustees or managers to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
(2) The making of alterations to scheme rules is (in addition to the examples set out in section 18B(2)) an example of a step which trustees or managers may have to take in order to comply with the duty set out in subsection (1).
(3) Nothing in subsection (1) imposes any duty on trustees or managers in relation to a disabled person if they do not know, and could not reasonably be expected to know -
4I Occupational pension schemes: procedure
(1) Where under section 17A[6] a relevant disabled person presents a complaint to an employment tribunal that the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part, the employer in relation to that scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.
(2) In this section, "employer", in relation to an occupational pension scheme, has the meaning given by section 124(1) of the Pensions Act 1995[7] as at the date of coming into force of this section.
4J Occupational pension schemes: remedies
(1) This section applies where -
(b) the complaint relates to -
(c) the disabled person is not a pensioner member of the scheme; and
(d) the tribunal finds that the complaint is well-founded.
(2) The tribunal may, without prejudice to the generality of its power under section 17A(2)(a), make a declaration that the complainant has a right -
(3) A declaration under subsection (2) -
(4) The tribunal may not award the disabled person any compensation under section 17A(2)(b) (whether in relation to arrears of benefits or otherwise) other than -
4K Occupational pension schemes: supplementary
(1) In their application to communications, sections 4G to 4J apply in relation to a disabled person who is -
as they apply in relation to a disabled person who is a pensioner member of the scheme.
(2) In sections 4G to 4J and in this section -
Consequential amendments
4.
- (1) Omit section 17 (occupational pension schemes) and the preceding cross-heading.
(2) In section 18D (interpretation of Part 2) (as inserted by regulation 18 of the Amendment Regulations), in subsection (2) -
(3) In section 55 (victimisation), in subsection (5) (as inserted by regulation 21 of the Amendment Regulations), after "4D," insert "4G,".
(4) In Schedule 2[9] (past disabilities) -
(5) In Schedule 3[10] (enforcement and procedure), in paragraph 2(2), at the end add "or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993[11] by the Pensions Ombudsman".
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State, Department for Work and Pensions
1st November 2003
[2] See the European Communities (Designation) (No. 3) Order 2002 (S.I. 2002/1819).back
[3] Section 53A was inserted by section 9 of the Disability Rights Commission Act 1999 (c. 17) and amended by section 36 of the Special Educational Needs and Disability Act 2001 (c. 10). It is further amended by regulation 20 of the Amendment Regulations.back
[6] The former section 8 of the 1995 Act, moved, renumbered and amended by regulation 9 of the Amendment Regulations.back
[9] Schedule 2 was amended by the Special Educational Needs and Disability Act 2001 (c. 10), s. 38.back
[10] Part I of Schedule 3 was amended by the Employment Tribunals Act 1996 (c. 17), s. 45, Sch. 3, Pt I; the Employment Rights (Dispute Resolution) Act 1998 (c. 8), s.1(2)(a); the Employment Relations Act 1999 (c. 26), ss. 41, 44, Sch. 8, para 7, Sch. 9, Table 12; and by reg. 29(2) of the Amendment Regulations.back
Prepared
12 November 2003