Age-related contribution rates to an occupational pension scheme can be objectively justified
A recent decision from the Court of Justice of the European Union (CJEU) looked at whether or not the practice of age-related contribution levels in an occupational pension scheme would be prohibited on the grounds of being unlawful age discrimination. The decision in HK Danmark v Experian A/S  EUECJ C- 476/11 provided some comfort for employers and trustees, as the CJEU found that the practice was capable of being objectively justified.
However, in looking at their own pension practices, employers and trustees will still need to consider whether or not it falls within a particular exemption, or if not whether or not a particular practice is objectively justified in fact and in relation to their own particular scheme and circumstances.
The Equality Act 2010 prohibits discrimination against an individual based on his or her age. However, there are a number of statutory exemptions in the UK that apply to this overriding principle. Logically, a number of those exemptions apply to the administration and rules relating to pension schemes. That makes total sense: age is inherent and pervasive to the very concept of providing a pension, which is primarily an ‘old-age benefit’…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
£27m award for delays to generic capsules launch is upheld.
Also; significant rises in the Annual Tax on Enveloped Dwellings.