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 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 articleDon't miss out, register 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
- New Budget, New Challenges: How Employers in Northern Ireland Will Be Affected by Wage and NIC Changes
- Are Employers Legally Obligated to Enrol their Employees into a Workplace Pension Scheme?
- Salary Increase Instead of Pension Contributions – Can an Employer do This?
- 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 [2021] UKEAT/0137/1202
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