Discrimination

Survivor benefits – in the news (again)

Jason Shaw

The Supreme Court recently unanimously declared that the unmarried partner of a deceased member should be paid a survivor benefit to which she was not entitled under the scheme rules (the existing rule being unlawfully discriminatory): In the matter of an application by Denise Brewster for Judicial Review (Northern Ireland). Trustees and sponsors of private Read More

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Gender-specific pension annuity rates illegal. Oh, and the end of the world…

Stephen Beattie

G’day. Or should that be G-Day? We’ve had A-Day – heralding “pensions simplification” (a false dawn if ever there was one) on 6 April 2006 – and now G(ender)-Day is upon us: 21 December 2012. From that day, regulations borne out of the Test-Achats case will make it illegal for insurers to base the price of pension Read More

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Justifying Age Discrimination – more than just cost saving (but not much more)

Stephen Richards

In my last blog piece I asked whether pension cost alone could justify discriminatory treatment in terminating employment. The answer is no, but it does help, the Court of Appeal has ruled: Woodcock v Cumbria PCT. Saving money can’t be the sole aim of a discriminatory practice – there has to be a non-cost reason Read More

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Age discrimination – justification on the grounds of cost?

Stephen Richards

Clients often question whether the costs that would result from changes made to their pension schemes to comply with age discrimination laws can be taken into account when determining whether the changes need to be made. How much weight can be given to costs to justify age discrimination? We should be finding out the answer Read More

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Equalisation of guaranteed minimum pensions: a blessing or a curse?

Jason Shaw

GMP equalisation has long been the ‘elephant in the room’. Whether guaranteed minimum pensions should be equal for men and women, when the State pension they replace is not, is an issue that has, for one reason or another, remained unresolved in the 20 years since the Barber decision. That, however, looks set to change. Read More

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