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Amendment of section 76 of Principal Act.
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34.—Section 76 of the Principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections:
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“(1) Any dispute as to—
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(a) whether any rule of an occupational benefit scheme, other than an occupational pension scheme, complies with the principle of equal treatment,
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(b) whether and to what extent any such rule is rendered null and void by section 71,
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(c) 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 paragraph (a), complies with the principle of equal treatment,
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(d) whether and to what extent any such rule or term is rendered null and void by section 74,
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(e) 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 paragraph (a), complies with the principle of equal treatment,
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(f) whether and to what extent any such term is rendered null and void by section 74A, or
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(g) whether an employer complies with the provisions of section 70,
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shall be referred by any person concerned to an equality officer for investigation and recommendation.
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(2) Where it appears to the Agency that—
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(a) a rule of an occupational benefit scheme referred to in subsection (1),
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(b) a rule or term of a collective agreement or employment regulation order referred to in subsection (1) (c), or
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(c) a term of a contract of employment referred to in subsection (1) (e),
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does not comply with the principle of equal treatment or an employer fails to comply with the provisions of section 70, the matter may be referred to an equality officer by the Agency and the reference shall be treated for the purpose of this Act as a reference under subsection (1).”.
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