Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 30: Section 61 of the Equality Act 2010 etc
This section disapplies section 61 of the Equality Act 2010 (and the equivalent provision in Northern Ireland) for the purposes of determining whether a member’s remediable service is pensionable in a new or legacy scheme. The Act provides a remedy for the discrimination that arose in public service pension schemes. In doing so, it directly determines which scheme a person is a member of in relation to their remediable service. This provision will prevent any inconsistency in interpretation or application between section 61 of the Equality Act 2010 and the provisions contained in or made under this Act. As set out in section 31(1), this section does not apply in relation to a person’s remediable service in an employment of office if an immediate detriment remedy has been obtained in relation to the service, in order to ensure the Act does not override or interfere with any remedy already provided under section 61 of the Equality Act, except to the extent that provisions are necessary to ensure consistent treatment. 2