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Pensions

Supreme Court rules that cohabitee is entitled to share of deceased’s partner’s pension

In the matter of an application by Denise Brewster for Judicial Review (Northern Ireland) [2017] UKSC 8

The Supreme Court unanimously allowed an appeal by a woman from Northern Ireland, in which she claimed that she was entitled to a share of her deceased’s partner’s pension.

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Pensions

European Court finds that British Gurka pension scheme is not discriminatory

British Gurkha Welfare Society and others v The United Kingdom, Application No. 44818/11

The European Court of Human Rights has ruled that while Gurkha pension entitlements are less than those of other soldiers in the British Army, it made no finding of unlawful discrimination.  The applicants were two former Gurkha soldiers and the British Gurkha Welfare Society (BGWS).

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Discrimination, Pensions

Supreme Court seeks guidance from CJEU regarding case of transgender woman refused state pension

Under the Gender Recognition Act 2004, by obtaining a gender recognition certificate, transgender people have the right to have their gender formally recognised in law.  MB was married in 1974, began to live as a woman in 1991 and underwent gender reassignment surgery in 1995 but did not apply for a gender recognition certificate.  In order to be granted a certificate, MB would have had to annul her marriage.  She decided to remain married to her wife and mother of their two children.

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Discrimination, LGBT, Pensions

NI High Court Rules On Right Of An Unmarried Partner To Access Survivor’s Pension

The High Court has found that a woman who co-habited with her partner for 10 years has a right to access her partner’s pension after his death. The Northern Ireland Local Government Officers’ Superannuation Committee (NILGOSC) declined to pay a survivor’s pension to the applicant in the absence of a nomination form that would have named her as her partner’s survivor. The applicant claims that this decision is a breach of her rights under Article 14 read together with Art 1 of the First Protocol ECHR.

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Pensions