Same-sex survivors' pensions - exemption for pre-2005 service invalid

Hogan Lovells
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The Supreme Court in Walker v Innospec Limited, overturning the Court of Appeal, has decided that the exemption for service prior to December 2005 from the requirement for occupational pension schemes to give survivors' benefits for same-sex married partners is incompatible with EU law. All pension schemes which limit civil partner/same-sex married benefits by reference to post-5 December 2005 service, but provide a more generous pension for opposite-sex married partners, will need to amend their rules.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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