Pensions Priorities: case — European case may open door to challenge to pension exemptions from anti-age discrimination laws

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Pensions Priorities: case — new European case (HK Danmark v Experian A/S [2013] EUECJ C-476/11) may open the door to a challenge to the UK pension exemptions from anti-age discrimination laws - .PDF file.

Discrimination on grounds of age is not permitted under the EU’s Equal Treatment Directive 2000/78/EC. However, for pensions that are inherently age related, a number of exemptions have been written into the UK enabling legislation, presently the Equality Act (Age Exceptions for Pension Schemes) Order 2010.

One common practice has been the provision of higher contributions for older members of a defined-contribution (DC) scheme, to mitigate the lower value of contributions for them, which results from the fact that there is less time before retirement for the contributions to benefit from investment returns…

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