Part 2 s 70 Human Rights Act 1993 Version as at 1 July 2024 Special provisions relating to superannuation schemes 70 Superannuation schemes (1) Subject to subsection (3), nothing in section 22 or section 44 relating to differ‐ ent treatment on the ground of age or disability shall apply to any condition in, or requirement of, a superannuation scheme in existence at the commencement of this Act in relation to a person who was a member of the scheme at the commencement of this Act or who becomes a member of the scheme before 1 January 1996. (2) It shall continue to be lawful for the provisions of a superannuation scheme to provide— (a) different benefits for members of each sex on the basis of the same contributions; or (b) the same benefits for members of each sex on the basis of different contributions,— if the different treatment— (c) is based on actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; and (d) is reasonable having regard to the applicability of the data, and of any other relevant factors, to the particular circumstances. (3) It shall continue to be unlawful to require an applicant for membership of a superannuation scheme to have attained a minimum age. (4) Nothing in section 22 or section 44 shall prevent the provisions of a superannu‐ ation scheme from— (a) providing or requiring different contributions for members; or (b) providing benefits for members that differ in nature or amount,— by reason of the disability or age of those members, if the different treatment— (c) (d) (5) 58 is based on— (i) actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or (ii) where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circum‐ stances. Nothing in section 22 or section 44 shall prevent the provisions of a superannu‐ ation scheme, or the trustees, the supervisor, or the manager of the scheme, from—