Section 43: Existing claims

(1)
The employer of any worker, who is a member of or is entitled to participate in an existing pension scheme or Provident fund of his employer providing benefits for old age, shall not thereby be exempt from contributing to the Fund except to the extent that he has in his service workers who are within the classes of exempt persons under this Act.
(2)
Any employer who on the appointed day is, by himself or in association with other employers, operating a scheme to provide benefits comparable with any under this Act for his workers or any of them may, under theauthority of this subsection and whether or not the rules of the scheme allow, amend the scheme; and any amendment may take into account contributions made to the Fund, and provide for a reduction of the contributions to the scheme where the scheme is contributory or, as the case may be, for an adjustment of the benefits under the scheme where it operates on a noncontributory basis.
(3)
Nothing in this section shall be construed so as-
(a)
to authorise the amendment of a scheme whereby the benefits to a worker under that scheme and this Act are reduced below those to which he would have been entitled if this Act had not been passed; or
(b)
to require an employer to contribute to both the scheme and the Fund an amount in excess of that paid by the employer to the scheme for any comparable period before the appointed day.