The following Pensions practice note produced in partnership with Elizabeth Ovey of Radcliffe Chambers provides comprehensive and up to date legal information covering:
The general non-discrimination rule for occupational pension schemes in the section 61 of the Equality Act 2010 (EqA 2010), applies to age discrimination as much as to any other form of discrimination. However, EqA 2010 permits exceptions under which specified rules, practices, actions or decisions adopted by occupational pension schemes are not a breach of that rule. There is also power to specify exceptions for personal pension schemes, provided that the exceptions are in respect of contributions.
The exceptions are set out in the Equality Act (Age Exceptions for Pension Schemes) Order 2010, SI 2010/2133 (the Age Exceptions Order), which took effect on 1 October 2010. Since then, some minor amendments have been made, principally to reflect changes relating to the state pension.
These exceptions replace those formerly available under the Employment Equality (Age) Regulations 2006, SI 2006/1031, which were made as part of the implementation of the Archived Directive 2000/78/EC (Archived Equal Treatment Framework Directive) (as it had effect immediately before IP completion day) into UK law. They thus form part of retained EU law post-31 December 2020. No significant changes were made when the Age Exceptions Order was introduced, so trustees and employers of schemes which were
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small claims track limit for personal injury claims arising from an RTA is increased to £5000 in respect of general damages for pain, suffering and loss of
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt, with reference to CPR 72. The order directs a third party who owes money to the judgment debtor to pay that
Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law
Dawn raid—who can raid my organisation and why?IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional
0330 161 1234