Nomination form not required for unmarried partner's pension
The High Court of Justice in Northern Ireland has held that a requirement under the Local Government Pension Scheme in Northern Ireland requiring the deceased member to have completed a nomination form in order for a survivor’s pension to be paid to his unmarried partner was a breach of the European Convention on Human Rights (ECHR), which prohibits discrimination on the basis of marital status. In the case of married couples (or civil partners) the scheme had no requirement for a nomination form in order for a survivor’s pension to be payable. The scheme rules set out a test to be satisfied independently of the nomination form (and which avoided competing claims for the survivor’s pension) in order for a survivor’s pension to be payable to an unmarried partner. Therefore the requirement for a nomination form to have been completed before any survivor’s pension could be paid in respect of an unmarried partner acted as an additional hurdle to receiving a survivor’s pension — a hurdle which only applied to unmarried couples…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Data Issues Roundup — new Irish data protection commissioner appointed; Racing Post falls short on IT security; and more
Addleshaw Goddard has released the 15 September 2014 issue of its Data Issues Roundup publication.
The Court of Appeal in has considered the effect of a lease provision requiring a repeat guarantee as a condition of landlord’s consent on intragroup assignment.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.