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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.”

 

 

 
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