Under the Equality Act, it has not been possible for same-sex partners to receive spousal benefits from pension schemes, where the funds were paid into the scheme before December 2015.
The Supreme Court has now declared this provision to be unlawful, handing down its judgment in the case of Walker v Innospec Limited and Others. Mr Walker had paid into his scheme for more than two decades. Under current law, his husband would not have received a full spouse’s pension- but had Mr Walker’s spouse been female, the opposite would have applied.
The Court ruled that denying Mr Walker’s husband access to the pension funds would be discriminatory (on the grounds of sexual orientation.)
The decision should now pave the way for other same sex couples to enjoy the same peace of mind, although it should be noted that the Court’s ruling was made in accordance with provisions contained in EU law. There will be work to do for companies to ensure their pension provision is fair, but expectation that the position will not change after we leave the EU.
If you have any queries relating to this article, please contact Yunus Lunat on 0113 284 5023 or via yunus.lunat@isonharrison.co.uk.
