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Hogan Lovells

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

13 July 2017

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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