|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(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 |
| |
| |
| |
| |
| |
| 40 |
1 | The Sex Discrimination Act 1975 (c. 65) is amended as follows. |
| |
|
| |
|
| |
|
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) |
| |
| |
“(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.” |
| |
| 20 |
| |
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) |
| |
| 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.” |
| |
|
| |
|