Western Mail

Implicatio­ns for pensions after gay marriage ruling

- Press Associatio­n Reporters newsdesk@walesonlin­e.co.uk

PENSION schemes could eventually face a multi-billion pound bill following the decision in a landmark legal battle at the UK’s highest court which could provide financial security for thousands of same-sex couples.

Ex-cavalry officer John Walker, 66, said he was “thrilled” after Supreme Court justices ruled unanimousl­y in his favour in his long-running action to secure his husband the same rights a wife would have in the event of his death.

Mr Walker retired from chemicals group Innospec Ltd in 2003 after working for the company for more than 20 years - he had made the same contributi­ons to the pension scheme as his heterosexu­al colleagues.

His legal challenge centred on an exemption in the 2010 Equality Act allowing employers to exclude samesex partners from spousal benefits paid into a pension fund before December 2005, which was when civil partnershi­ps became legal.

Yesterday, a panel of five justices, headed by the Supreme Court’s deputy president Lady Hale, made a declaratio­n that the exemption was “incompatib­le with EU law and must be disapplied”.

The decision means Mr Walker’s husband, a former computer executive in his fifties who prefers not to be named, will be entitled on his death - provided they are still married - to a spouse’s pension of around £45,000 a year, rather than about £1,000 which he would have received.

After the ruling, Mr Walker, who was represente­d by human rights organisati­on Liberty, said: “I am absolutely thrilled at today’s ruling, which is a victory for basic fairness and decency.”

During the Supreme Court hearing of the case in March, a QC for the Work and Pensions Secretary pointed out that the costs involved in “requiring all pension schemes to equalise entitlemen­ts retrospect­ively” would be £100 million for private sector schemes and a further £20 million for public sector schemes.

A Government spokesman said: “We are reviewing the implicatio­ns of this judgment in detail and will respond in due course.

“The rights of same-sex couples have been transforme­d for the better since 2010, including the introducti­on of same-sex marriage and legislatio­n to ensure that pensions are built up equally for all legal partnershi­ps.”

Sir Steve Webb said the cost could escalate as other groups may now come forward. Sir Steve, who is sirector of policy at Royal London, told the Press Associatio­n: “This has potentiall­y huge implicatio­ns.

“Pension schemes will have to respond to this judgment, but new groups will come forward and say: ‘I’m being treated unfairly... we want the same rights as well’ - the difference between widows and widowers - for example.”

He said that, eventually, over time, with the potential for new cases: “We could be talking a multi-billion pound bill.”

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