Survivor Benefits for same-sex spouses
In July 2017 the UK Supreme Court ruled that benefits for same-sex spouses must be provided on the same basis as for opposite-sex spouses and that the exemptions contained in the Equality Act 2010 are incompatible with EU law and must therefore be dis-applied.
Since the Court’s judgement, the Government has been considering the implication for all pension schemes, like the Local Government Pension Scheme (LGPS), with similar benefits. In 2018, it decided that survivors of registered civil partnerships or same-sex marriages will be provided with benefits that replicate the benefits provided to widows.
These changes will be implemented in the LGPS as though they had applied from the respective dates that the civil partnerships and same-sex marriages were implemented. Merseyside Pension Fund is currently assessing the Government’s application of the legal judgement within our pension scheme and will be in touch with those affected survivors of registered civil partnerships or same-sex marriages in due course.