Retroactive Equalisation of Normal Pension Age not permitted, rules CJEUPosted in : Commercial Law for Employers on 14 January 2020 Issues covered:
Key Issues: Equal Pay – Pension Scheme – Retroactive Equalisation - Preliminary Ruling
Case: Safeway Ltd v Newton & Safeway Pension Trustees Ltd
Reference: Case C-171/18, CJEU (Grand Chamber), 7 October 2019
Legislation: Article 119 (now 141), EC Treaty
The pension scheme at issue in the main proceedings was created in the form of a trust by Safeway in 1978. Clause 19 of the Trust Deed governing that pension scheme (‘the amendment clause’) essentially allows that pension scheme, including the value of its benefits, to be amended retroactively, as of the date of a written announcement to the members, by means of a trust deed. That clause is drafted as
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