Pensions Act, 1990

Supplementary provisions to section 66 .

69.—(1) In determining whether a scheme complies with the principle of equal treatment under section 66 , account shall not be taken of—

(a) any difference, on the basis of the sex of members, in the levels of contributions which the employer makes, to the extent that the difference is for the purposes of removing or limiting differences, as between men and women in the amount or value of benefits provided under a defined contribution scheme,

(b) any difference, on the basis of sex, in the amount or value of benefits provided under a defined contribution scheme to the extent that the difference is justifiable on actuarial grounds,

(c) any special treatment for the benefit of women to whom section 72 (1) relates,

(d) any difference of treatment in relation to benefits for a deceased member's surviving spouse or other dependants,

(e) any difference of treatment in relation to any optional provisions available.

(2) In this section—

“defined contribution scheme” has the meaning assigned to it under section 2 but as if the reference therein to “benefits” were a reference to “occupational benefits”;

“optional provisions available” means those provisions of a scheme—

(a) which apply only in the case of members who elect for them to do so, and

(b) whose purpose is to secure for those members—

(i) benefits in addition to those otherwise provided under the scheme, or

(ii) a choice with respect to the date on which benefits under the scheme are to commence, or

(iii) a choice between any two or more benefits.

(3) Subsection (1) (d) shall cease to have effect on such date as may be prescribed.