If an occupational pension scheme does not include a maternity equality rule, it is to be treated as including one.
A maternity equality rule is a provision that has the effect set out in subsections (3) and (4).
If a relevant term does not treat time when the woman is on maternity leave as it treats time when she is not, the term is modified so as to treat time when she is on maternity leave as time when she is not.
If a term confers a relevant discretion capable of being exercised so that time when she is on maternity leave is treated differently from time when she is not, the term is modified so as not to allow the discretion to be exercised in that way.
A term is relevant if it is—
A discretion is relevant if its exercise is capable of affecting—
This section does not require the woman's contributions to the scheme in respect of time when she is on maternity leave to be determined otherwise than by reference to the amount she is paid in respect of that time.
This section, so far as relating to time when she is on ordinary maternity leave but is not being paid by her employer, applies only in a case where the expected week of childbirth began on or after 6 April 2003.
This section, so far as relating to time when she is on additional maternity leave but is not being paid by her employer—
In this section—