The Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2019

Document Number:2019 No. 92
 
FREE EXCERPT

Statutory Rules of Northern Ireland

Age Discrimination

Pensions

Made

24 th April 2019

Coming into operation

15 th May 2019

The Department for Communities, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to discrimination, makes the following Regulations in exercise of the powers conferred by that section.

Citation and commencement

  1. These Regulations may be cited as the Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2019 and shall come into operation on 15 th May 2019.

    Amendment of the Employment Equality (Age) Regulations

  2. In paragraph 16 of Schedule 1 to the Employment Equality (Age) Regulations (Northern Ireland) 2006(3) (pension schemes)—

    (a) in sub-paragraph (1)(a) for “65” substitute “that member’s state pension age(4)”;

    (b) in sub-paragraph (2) in the definition of “relevant state retirement pension rate” for “paragraph 2(5) of Schedule 28 to the 2004 Act” substitute “regulation 4(3)(b) of the Registered Pension Schemes (Bridging Pensions) and Appointed Day Regulations 2016(5) (pensions bridging: pensionable age on or after 6 th April 2016)”.

    Sealed with the Official Seal of the Department for Communities on 24 th April 2019

    (L.S.)

    Anne McCleary

    A senior officer of the Department for Communities

    EXPLANATORY NOTE

    (This note is not part of the Regulations)

    These Regulations amend the Employment Equality (Age) Regulations (Northern Ireland) 2006 (“the 2006 Regulations”).

    Regulation 2(a) amends the 2006 Regulations so as to increase the maximum age at which an occupational pension scheme can reduce the rate of pension a pensioner member of the scheme is receiving from age 65 to the state pension age of that member. This is to allow pension schemes to continue to rely on the exception in the 2006 Regulations which enables schemes to reduce the member’s benefits by an amount not exceeding the relevant state retirement pension rate with effect from the date they reach their state pension age without infringing their age related equality obligations.

    Regulation 2(b) amends the definition of “relevant state retirement pension rate”. The term was defined in accordance with...

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