Pensions (Amendment) Act, 1996
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Amendment of section 71 of Principal Act. |
31.—Section 71 of the Principal Act is hereby amended by— | |
(a) the substitution for subsection (1) of the following subsection: | ||
“(1) Where a rule of an occupational benefit scheme does not comply with the principle of equal treatment it shall, to the extent that it does not so comply, be rendered null and void by the provisions of this Part with effect from the 17th day of May, 1990, in the case of a rule relating to employed persons and with effect from the 1st day of January, 1993, in the case of a rule relating to self-employed persons and the more favourable treatment accorded to it by persons of the one sex shall be accorded by it to members of the other sex in respect of periods of membership in that scheme up to the date on which the rule is amended to comply with the principle of equal treatment.”, | ||
(b) the substitution for subsection (3) (inserted by section 62 of the Social Welfare Act, 1992 ) of the following subsections: | ||
“(3) Where any rule of an occupational benefit scheme relating to employed persons is rendered null and void by subsection (1), nothing in this Part shall preclude any rights or obligations, relating to a period of membership in that scheme before the 17th day of May, 1990, from remaining subject to the provisions of the scheme in force during that period of membership— | ||
(a) during the period beginning, on the 17th day of May, 1990, and ending on the 31st day of December, 1998, or, in the case of retirement ages, the 31st day of December, 2017, or | ||
(b) in respect of members who cease to be in relevant employment to which that scheme applies before or during the period referred to in paragraph (a). | ||
(4) Where any rule of an occupational benefit scheme relating to self-employed persons is rendered null and void by subsection (1), nothing in this Part shall preclude any rights or obligations, relating to a period of membership in that scheme before the 1st day of January, 1993, from remaining subject to the provisions of the scheme in force during that period of membership.”. |