Clifford Chance

UK: Pensions Update

13 July 2017

Supreme Court hands down judgment in same sex survivor benefits case

In this special edition of the UK: Pensions Update we take a look at the Supreme Court's decision in the case of Walker v Innospec, which was handed down yesterday.

In a landmark decision, the Supreme Court has unanimously allowed the member's appeal; declaring that: (i) UK legislation providing that it is not unlawful for there to be discrimination because of sexual orientation in respect of access to benefits relating to service prior to 5 December 2005 is incompatible with EU law and must be disapplied; and (ii) the member's husband is entitled to a spouse's pension on death, provided they remain married.

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