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Public sector pension scheme rules ‘may have to change’ following appeal court victory

By August 5, 2019Uncategorized

A woman has won the right to access her late partner’s military pension, following a Court of Appeal ruling experts said could have knock-on effects for the rest of the public sector.

Jane Langford was initially disqualified from receiving her long-term partner’s pension because she had never formally dissolved her marriage to her estranged husband and was therefore was not considered to be in an exclusive relationship – a rule found in most public sector pension schemes.

The MoD had claimed the decision was legitimate and necessary to limit the status of unmarried partners to achieve consistency and ensure the scheme remained affordable; however, the Supreme Court ruled this was unlawful discrimination and unjustified in Langford’s case. Lord Justice McCombe ruled that creating “different classes” of partners not married to service members ran counter to this aim.