LGB Alliance fights pensions discrimination against same-sex couples

Pensions Equality Achieved

LGB Alliance, led by Trustee Professor Rob Wintemute, has successfully campaigned for amendments to the last UK legislation discriminating against same-sex couples.

 

From 31 December 2023, the surviving same-sex spouse or civil partner of a deceased member of an occupational pension scheme must receive the same survivor benefits as an opposite-sex spouse.

 

A discriminatory exception, introduced in 2005, moved into the Equality Act in 2010, and extended by the Marriage (Same Sex Couples) Act in 2013, allowed pension schemes to pay a smaller pension to a surviving same-sex spouse or civil partner. They could legally pay no pension at all to the survivor of an employee, like John Walker, who retired before 2005. In 2017, the Supreme Court ruled in Mr. Walker’s case, after citing Prof. Wintemute’s research, that the exception was contrary to EU law. But, for over six years, the UK Government did not amend the Equality Act.

 

After being approved by both Houses of Parliament, two sets of Regulations, one for Great Britain and one for Northern Ireland, were formally made by the Secretary of State for Work and Pensions on Monday, 4 December.

 

Professor Wintemute, LGB Alliance Trustee said:

“This nasty exception should never have been introduced. It’s the Section 28 of pensions. At last, thousands of same-sex couples in the same position as John Walker and his husband will no longer have to fear that a pension scheme will refuse to pay an equal survivor’s pension. But the exception has been narrowed, not removed. It remains a blot on the Equality Act 2010. Every political party should commit to introducing a Bill in the UK Parliament that will finally repeal it. 18 years after the first civil partnerships, it’s still on the statute book.”

 

Kate Barker, LGB Alliance CEO said:

“Lesbians, gay men and bisexuals have been made to feel second best by some unscrupulous employers. So it is wonderful to be striking down the last piece of discriminatory legislation and to know that our efforts have helped to achieve full equality of pensions provision.”