Retroactive Equalisation of Normal Pension Age not permitted, rules CJEU

Posted in : Commercial Law for Employers on 14 January 2020
Kevin McVeigh
Elliott Duffy Garrett

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

Background

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

This article is correct at 14/01/2020
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email kevin.mcveigh@edglegal.com

View all articles by Kevin McVeigh