Equality Act 2017 - Age Exceptions relating to Occupational & Personal Pension Schemes

Closed 29 Sep 2019

Opened 19 Aug 2019

Feedback Updated 18 Oct 2019

We Asked

We asked for your comments on the draft Equality Act 2017 (Age Exceptions for Pension Schemes) Order 2019.

You Said

No responses to this consultation were received via the gov.im Consultation Hub. However, we did receive comments via email from the Communication Workers Union (CWU), the IoM Financial Services Authority (“the FSA”) and the IoM Public Sector Pensions Authority (“the PSPA”).

The CWU is supportive of the Order being made stating “We recognise that there is a need for a facility in law to allow for age exceptions relating to pensions for the purposes of achieving a legitimate aim”.

The response from the FSA was confined to the precise drafting of the Order; no comments were made as to its effects.

The PSPA responded stating that it had no comments to make on the (proposed) Order. 

No other comments were received.

We Did

The Treasury will now decide whether to make the Equality Act 2017 (Age Exceptions for Pension Schemes) Order 2019.

Overview

The Equality Act 2017 allows Treasury to make legislation specifying circumstances in which it is not unlawful to discriminate against a person on the grounds of their age in relation to certain age-based rules, criteria or decisions for occupational and personal pensions.

The Treasury intends to make an Order - the “Equality Act 2017 (Age Exceptions for Pension Schemes) Order 2019” - specifying what those excepted rules, practices, actions and decisions are and is seeking the views of all persons who might be affected by, or otherwise have an interest in, the provisions of the draft Order.

Why We Are Consulting

Under the Equality Act 2017 the Treasury must consult such persons as it considers appropriate before making an order authorising employers to maintain or use, with respect to contributions to personal pension schemes, practices actions or decisions relating to age of a specified description which are not already in use and which would otherwise be an “age contravention” under that Act.

The Treasury has decided to go further than it is required to do by the Equality Act, by conducting a public consultation on the whole of the proposed “Equality Act 2017 (Age Exceptions for Pension Schemes) Order 2019” 

What Happens Next

The Treasury will consider all views received before considering whether to make the Equality Act 2017 (Age Exceptions for Pension Schemes) Order 2019.

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  • Legislation
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