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Ducks in a row

24 March 2017 / Caroline East
Issue: 7739 / Categories: Features , Family
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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

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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