Pensions Act, 1990
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Principle of equal treatment. |
67.—(1) The principle of equal treatment is that there shall be no discrimination on the basis of sex in respect of any matter relating to an occupational benefit scheme. | |
(2) The principle of equal treatment shall apply in relation to members' dependants as it applies in relation to members. | ||
(3) For the purposes of this section, discrimination on the basis of sex shall be deemed to occur in respect of a matter relating to an occupational benefit scheme in but only in the following cases— | ||
(a) where because of a person's sex the person is treated less favourably than a person of the other sex, | ||
(b) where a person is treated, by reference to his marital or family status, less favourably than a person of the other sex with the same status, | ||
(c) where because of a person's sex the person is unable to comply with a requirement or condition— | ||
(i) in respect of which the proportion of persons of the other sex able to comply with such requirement or condition is substantially higher than the proportion of persons of the first mentioned sex so able, and | ||
(ii) which is not justifiable irrespective of the sex of the persons to whom it applies, | ||
(d) where because of a person's marital or family status the person is unable to comply with a requirement or condition— | ||
(i) in respect of which the proportion of persons of the other sex with the same status able to comply with such requirement or condition is substantially higher than the proportion of persons of the first mentioned sex so able, and | ||
(ii) which is not justifiable irrespective of the sex of the persons to whom it applies, | ||
(e) where a person is penalised for having in good faith— | ||
(i) made a reference under section 75 , 76 or 77 , | ||
(ii) given evidence in any proceedings under this Part, or | ||
(iii) given notice of an intention to do anything referred to in subparagraphs (i) and (ii). |