header-logo header-logo

Home Login E-newsletter About us
24 March 2017 / Caroline East
Issue: 7739 / Categories: Features , Family
printer mail-detail

Ducks in a row

© Copyright LexisNexis 2026. All Rights Reserved.
nlj_7739_east

The Brewster case has bolstered public sector pension rights of unmarried couples, but it is better to be prepared, says Caroline East
  • Administrators of public sector pension schemes should not discriminate unfairly on grounds of marital status.
  • Secretary of State for Work and Pensions concerned that a change in the law would see full retrospective pension benefits being granted to civil partners.

In certain circumstances, a cohabitee may be able to claim a survivor’s pension on the death of his/her partner. Such was the case of Denise Brewster who lived with her partner, William McMullan, for approximately ten years. They became engaged on 24 December 2009 but sadly Mr McMullan died unexpectedly two days later.

Mr McMullan had been employed by Translink, a public transport operator, for about 15 years (up until his death) and had contributed to the Local Government Pension Scheme throughout that time. The scheme was governed by the Local Government Pension Scheme Regulations 2009 (SI 2009/3093).

The administrators of the scheme denied Ms Brewster access to a survivor’s pension

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Read All
NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Copyright © 2026 LexisNexis
back-to-top-scroll