6th October 2015 Anne-Marie Winton comments in Professional Pensions re Schemes spared £3bn hit as judges reject survivor benefits equalisation claim
Anne-Marie comments in Professional Pensions Schemes after court ruling sees schemes that had not already equalised survivor benefits for widowers and same sex partner benefits would avoid a £3bn hit.
Anne-Marie made it very clear that the role of national courts was not to make new law. “As Mr Walker left service before the law was changed, his benefits had to be granted in line with the law in force at that time – even though it later changed,”
She added that “seeking a way to twist the law to give it retrospective effect, however meritorious and sensible this may seem, was simply a step too far for the courts – that would need further legislation.”
Read the full article on Professional Pensions here.
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