Part 3 Further Amendments to do with Parental Bereavement Leave and Pay
Parental Bereavement (Leave and Pay) Act 2018 (2018 c 24) | Legislation

Part 3 Further Amendments to do with Parental Bereavement Leave and Pay

Social Security Act 1989

7

In Schedule 5 to the Social Security Act 1989 (employment-related schemes for pensions or other benefits to comply with the principle of equal treatment), after paragraph 5C insert—

“Unfair parental bereavement leave provisions

5D

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

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

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

(2)     In this paragraph “unfair parental bereavement leave provisionsâ€, 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 parental bereavement 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

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