Gender Recognition Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Gender Recognition Bill [HL]

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 3 — Occupational pension schemes
33

      (6)
If at that time the person has attained the age of 65, the fact that the person’s
gender has become the acquired gender does not affect the person’s
pensionable age for those purposes.
      (7)
The fact that the person’s gender has become the acquired gender does not
affect any guaranteed minimum pension to which the person is entitled as a
5
widow or widower immediately before the certificate is issued (except in
consequence of the operation of the previous provisions of this Schedule).
      (8)
If a transaction to which section 19 of the 1993 Act applies which is carried
out before the certificate is issued discharges a liability to provide a
guaranteed minimum pension for or in respect of the person, it continues to
10
do so afterwards.
      (9)
“The guaranteed minimum pension provision” means so much of the 1993
Act (apart from section 13) and of any other enactment as relates to
guaranteed minimum pensions.
Guaranteed minimum pensions etc.: Northern Ireland
15
15    (1)
In this paragraph “the 1993 Act” means the Pension Schemes (Northern
Ireland) Act 1993 (c. 49); and expressions used in this paragraph and in that
Act have the same meaning in this paragraph as in that Act.
      (2)
The fact that the person’s gender has become the acquired gender does not
affect the operation of section 10 of the 1993 Act (guaranteed minimum) in
20
relation to the person, except to the extent that its operation depends on
section 12 of the 1993 Act (revaluation); and sub-paragraphs (3) and (5) have
effect subject to that.
      (3)
If (immediately before the certificate is issued) the person is a woman who
is entitled to a guaranteed minimum pension but has not attained the age of
25
65—
(a)
the person is for the purposes of section 9 of the 1993 Act and the
guaranteed minimum pension provisions to be treated after it is
issued as not having attained pensionable age (so that the
entitlement ceases) but as attaining pensionable age on subsequently
30
attaining the age of 65, and
(b)
in a case where the person’s guaranteed minimum pension has
commenced before the certificate is issued, it is to be treated for the
purposes of Chapter 3 of Part 4 of the 1993 Act (anti-franking) as if it
had not.
35
      (4)
But sub-paragraph (3)(a) does not—
(a)
affect any pension previously paid to the person, or
(b)
prevent section 11 of the 1993 Act (increase of guaranteed minimum
where commencement of guaranteed minimum pension postponed)
operating to increase the person’s guaranteed minimum by reason of
40
a postponement of the commencement of the person’s guaranteed
minimum pension for a period ending before the certificate is issued.
      (5)
If (immediately before the certificate is issued) the person is a man who—
(a)
has attained the age of 60, but
(b)
has not attained the age of 65,
45

the person is to be treated for the purposes of section 9 of the 1993 Act and
the guaranteed minimum pension provisions as attaining pensionable age
when it is issued.

Gender Recognition Bill [HL]
Schedule 6 — Sex discrimination
Part 1 — Great Britain
34

      (6)
If at that time the person has attained the age of 65, the fact that the person’s
gender has become the acquired gender does not affect the person’s
pensionable age for those purposes.
      (7)
The fact that the person’s gender has become the acquired gender does not
affect any guaranteed minimum pension to which the person is entitled as a
5
widow or widower immediately before the certificate is issued (except in
consequence of the operation of the previous provisions of this Schedule).
      (8)
If a transaction to which section 15 of the 1993 Act applies which is carried
out before the certificate is issued discharges a liability to provide a
guaranteed minimum pension for or in respect of the person, it continues to
10
do so afterwards.
      (9)
“The guaranteed minimum pension provision” means so much of the 1993
Act (apart from section 9) and of any other enactment as relates to
guaranteed minimum pensions.
Equivalent pension benefits: Great Britain
15
16    (1)
The provision that may be made by regulations under paragraph 15 of
Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (c. 6)
(power to retain provisions repealed by Social Security Act 1973 (c. 38), with
or without modification, for transitional purposes) includes provision
modifying the preserved equivalent pension benefits provisions in
20
consequence of this Act.
      (2)
“The preserved equivalent pension benefits provisions” are the provisions of
the National Insurance Act 1965 (c. 51) relating to equivalent pension
benefits continued in force, with or without modification, by regulations
having effect as if made under that paragraph.
25
Equivalent pension benefits: Northern Ireland
17    (1)
The provision that may be made by regulations under paragraph 15 of
Schedule 3 to the Social Security (Consequential Provisions) (Northern
Ireland) Act 1992 (c. 9) (corresponding power for Northern Ireland) includes
provision modifying the Northern Ireland preserved equivalent pension
30
benefits provisions in consequence of this Act.
      (2)
“The Northern Ireland preserved equivalent pension benefits provisions”
are the provisions of the National Insurance Act (Northern Ireland) 1966
(1966 c. 6 (N.I.)) relating to equivalent pension benefits continued in force,
with or without modification, by regulations having effect as if made under
35
that paragraph.
Schedule 6
Section 14

Sex discrimination
Part 1
Great Britain
40
1
The Sex Discrimination Act 1975 (c. 65) is amended as follows.

Gender Recognition Bill [HL]
Schedule 6 — Sex discrimination
Part 2 — Northern Ireland
35

2
In section 7A (gender reassignment: exception for genuine occupational
qualification), insert at the end—
“(4)
Subsection (1) does not apply in relation to discrimination against a
person whose gender has become the acquired gender under the
Gender Recognition Act 2004.”
5
3
In section 7B (supplementary exceptions relating to gender reassignment),
for subsection (3) substitute—
“(3)
Subsection (2) does not apply in relation to discrimination against a
person whose gender has become the acquired gender under the
Gender Recognition Act 2004.”
10
4
In section 9 (discrimination against contract workers), after subsection (3C)
insert—
“(3D)
Subsections (3B) and (3C) do not apply in relation to discrimination
against a person whose gender has become the acquired gender
under the Gender Recognition Act 2004.”
15
5
In section 11 (partnerships), after subsection (3C) insert—
“(3D)
Subsections (3B) and (3C) do not apply in relation to discrimination
against a person whose gender has become the acquired gender
under the Gender Recognition Act 2004.”
Part 2
20
Northern Ireland
6
The Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I.
15)) is amended as follows.
7
In Article 10A (gender reassignment: exception for genuine occupational
qualification), insert at the end—
25
“(4)
Paragraph (1) does not apply in relation to discrimination against a
person whose gender has become the acquired gender under the
Gender Recognition Act 2004.”
8
In Article 10B (supplementary exceptions relating to gender reassignment),
for paragraph (3) substitute—
30
“(3)
Paragraph (2) does not apply in relation to discrimination against a
person whose gender has become the acquired gender under the
Gender Recognition Act 2004.”
9
In Article 12 (discrimination against contract workers), after paragraph (3C)
insert—
35
“(3D)
Paragraphs (3B) and (3C) do not apply in relation to discrimination
against a person whose gender has become the acquired gender
under the Gender Recognition Act 2004.”
10
In Article 14 (partnerships), after paragraph (3C) insert—
“(3D)
Paragraphs (3B) and (3C) do not apply in relation to discrimination
40
against a person whose gender has become the acquired gender
under the Gender Recognition Act 2004.”