Same-sex survivor benefits extended to pre-2005 accrual

Trustees Agenda posted on 12 July, 2017

The Supreme Court has ruled that an exemption in the Equality Act, which allows schemes to exclude same-sex partners from spousal benefits accrued before December 2005, is discriminatory and breaches EU equality laws.

The case - Walker v Innospec Limited and others - follows a five-year legal battle won by John Walker to secure equal pension benefits for his husband.

The unanimous ruling means the provision in the Equality Act is immediately disapplied, and any schemes taking advantage of the exemption will be breaking the law.