305. The equal treatment rule.

If an occupational pension scheme1 does not contain a sex equality rule, it is to be treated as including one2. A sex equality rule is a provision that has the following effect:

  1.  

    (1)     if a relevant term3 is less favourable to A than it is to B, the term is modified so as not to be less favourable4

  2.  

    (2)     if a term confers a relevant discretion5 capable of being exercised in a way that would be less favourable to A than to B, the term is modified so as to prevent the exercise of the discretion in that way6

If