Retroactive Equalisation of Normal Pension Age not permitted, rules CJEUPosted in : Commercial Law for Employers on 14 January 2020
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
Already a subscriber?
Click here to login and access the full article.Log in now to read 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
More on Pensions
- Do employment tribunals have jurisdiction to hear money claims made by a former employee for underpaid employer pension contributions?
- London Fire Commissioners & Others v Sargeant & Others  UKEAT/0137/1202
- Wiswell v Greater Manchester Fire & Rescue & Hunter 
- How to define ‘regularity’ in relation to holiday pay
- Lord Chancellor v McCloud 
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.