Age discrimination—the pension exceptions and when they apply
Produced in partnership with Elizabeth Ovey of Radcliffe Chambers

The following Pensions practice note produced in partnership with Elizabeth Ovey of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Age discrimination—the pension exceptions and when they apply
  • Exceptions for age discrimination under the Equality Act 2010
  • Legal status of exceptions
  • The exceptions
  • Exceptions relating to length of service
  • Exceptions that apply to occupational pension schemes
  • Admission to schemes
  • Use of age criteria in actuarial calculations
  • Contributions
  • Contributions under money purchase arrangements
  • More...

Age discrimination—the pension exceptions and when they apply

Exceptions for age discrimination under the Equality Act 2010

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 amended to comply with the age discrimination legislation on its original introduction

Popular documents