House of Commons Library briefing paper on Pensions: civil partnerships and same sex marriages

Released 14 July 2017

The House of Commons Library has published a briefing paper on Pensions: civil partnerships and same sex marriages, which looks at the way in which forming a civil partnership affects rights to state, occupational and personal pensions and at the relevant provisions in the Marriage (Same Sex Couples) Act 2013.

This follows the decision of the Supreme Court (SC) on 12 July 2017, which allowed the appeal of Mr Walker, who had argued that his pension scheme should provide equal pension benefits for his partner, based on service before December 2005 and in which the SC made a declaration that the Equality Act 2010, Sch. 9, para. 18 is incompatible with EU law and must be disapplied, and Mr Walker’s husband is entitled on his death to a spouse’s pension, provided that they remain married.

The briefing paper covers civil partnerships and same sex marriages in relation to State Pension, pension credits, occupational and personal pension survivors’ benefits as well as gender re-assignment.

View and/or download the briefing paper atPensions: civil partnerships and same sex marriages.

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