265 Paternity leave and adoption leave
Pensions Act 2004 (2004 c 35) | Legislation

Safeguarding pension rights

265  Paternity leave and adoption leave

(1)     In Schedule 5 to the Social Security Act 1989 (c 24) (employment-related schemes for pensions or other benefits: equal treatment), after paragraph 5 insert—

5A “Unfair paternity leave provisions

(1)     Where an employment-related benefit scheme includes any unfair paternity leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

(a)     the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

(b)     subject to sub-paragraph (3), this Schedule shall apply accordingly.

(2)     In this paragraph “unfair paternity leave provisions”, in relation to an employment-related benefit scheme, means any provision—

(a)     which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid paternity leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

(b)     which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the

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