Equal Pension Rights for Same Sex Married Couples (Walker Case) July 2017

A man has won a decision at the Supreme Court that should he die before his husband, his surviving husband will be entitled to a pension equal to that which would have been received by an opposite sex widow.

We are awaiting clarification from the Department for Education on the implications for the Teachers’ Pension Scheme, including whether any change would be retrospective. 

Currently opposite sex widows in the Teachers’ Pension Scheme get an automatic survivor pension based on their husband’s service from 1 April 1972 onwards, compared to 6 April 1988 for same sex and opposite sex widowers.

Our view is that all service from April 1972 onwards for all marriages and civil partnerships should be counted automatically for survivor benefit service.

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