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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    State pensions are already covered by EU free movement legislation (Regulation EEC 1408/71 which, together with Regulation EEC No 574/72 (amended eg by Regulation EEC 119/2009) and Regulation EC No 859/2003, concerns the application of social security schemes to employed persons and members of their families moving within the Community).

    On 4th June 1998 European Ministers agreed terms of an EC Directive to safeguard "supplementary pension rights" (euro-speak for occupational and self-employed pensions) of employed and self-employed people who work in different Member States during their careers.

    The upshot is a new EC directive 2003/41/EC of 3rd June 2003 "on the activities and supervision of institutions for occupational retirement provision" (published in the Official Journal on 23rd September 2003). This was meant to implemented by Member States by 23rd September 2005 (but implementation of parts dealing with self-investment restrictions and provision of safety investment buffers can be deferred for 5 years, until 23rd September 2010, for schemes operating in one Member State only).

    In the UK, implementation is mainly effect by the Occupational Pension Schemes (Cross-border Activities) Regulations 2005, SI 2005/3381. The idea is to enable pension and retirement funds from one Member State to operate in another.

    See also IMMIGRATION/social security (non EU) and for notes on phasing in of equal State Pension ages for men and women in the UK see notes at Pensions/equalisation of pension ages .



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    most recent general revision of this fact card:- Nov2003.
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