Pensions (Amendment) Act, 1996

Powers of Court under section 77.

35.—The Principal Act is hereby amended by the substitution for section 78 of the following section:

“Powers of Court under section 77.

78.—The Court may, in pursuance of a determination of the Court, under section 77 as may be appropriate—

(a) determine whether a rule of a scheme referred to in section 76 (1) (a) complies with the principle of equal treatment,

(b) determine whether and to what extent any such rule is rendered null and void by section 71,

(c) determine whether any term of a collective agreement or employment regulation order specified in section 74, insofar as it relates to occupational benefits provided under a scheme referred to in section 76 (1) (a), complies with the principle of equal treatment,

(d) determine whether and to what extent any such rule or term is rendered null and void by section 74,

(e) determine whether any term of a contract of employment (whether expressed or implied), insofar as it relates to occupational benefits provided under a scheme referred to in section 76 (1) (a), complies with the principle of equal treatment,

(f) determine whether and to what extent any such term is rendered null and void by section 74A,

(g) determine whether the employer concerned has complied with the provisions of section 70,

(h) recommend to a person or persons concerned a specific course of action.”.