Same Sex Couples - the end of pension inequality
- AuthorMelanie Loxley
In Walker v Innospec Limited and others  the Supreme Court ruled unanimously that legislation which allows employers to exclude same sex partners from spousal benefits paid into pension funds prior to December 2005 is discriminatory. This decision has resulted in that legislation being immediately disapplied.
Mr Walker’s employers, Innospec, had made it clear to Mr Walker that in the event of his death, his civil partner would receive less of his survivor benefits than a wife would have received, had Mr Walker been married to a woman, as all benefits accruing before 2005 would have been ignored.
It is heartening that such discriminatory legislation against gay people has been addressed and remedied. Family law has seen many changes to the rights of the LGBT community in recent years and it is good to see other areas of law are catching up.
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