Page 31 - WMPF Federation Oct-Nov 2020_Neat

Seeking fairness

Widows’ pension

challenge heads

to the High Court

olice pension rules which force support the legal action and say the rules pension for life where the officer died as a
widows and widowers to choose force bereaved partners to choose between result of injury on duty if they re-married or
Pbetween love and financial security ‘financial security or isolation’. co-habited with a new partner after April
have been challenged in the High Court. John Apter, national chair of the Police 2015. But those who re-married or moved in
For those in the 1987 Police Pension Federation of England and Wales, said: “The with a partner before April 2015 have lost
Scheme, in England and Wales, the rules 1987 Police Pension Scheme, to which this their pension and are not being allowed to
currently state that if a police widow or regulation applies, is still one that many re-claim it.
widower remarries or cohabits they will lose serving police officers fall under. We are The Police Pension Regulation changes in
their pension. united with NARPO and the claimants in 2006 meant new entrants, or serving officers
However, the rules for those living in their challenge to Government to bring who transferred to the new scheme would
Scotland, Northern Ireland and in the equality across the regions of the UK in the get survivors benefits for life, irrespective of
military are more generous. approach to survivor pensions. whether they re-marry or form a new
The disparity has now been challenged “These brave men and women have partnership.
in the High Court as lawyers acting on worked to keep their communities safe and Last year the Government estimated
behalf of four widows and a widower lodged are often the main breadwinners of the that extending benefits to all police
their claim against the Government, families they leave behind. For this inherent survivors on the 1987 scheme would cost an
alleging that regulation C9 of the 1987 unfairness to continue to exist, does a great extra £144 million payable over 30 years.
police pension scheme breaches their dishonour to their service and sacrifice.” Reinstating pensions already lost would cost
human rights. The legal claim has been prepared by a further £54 million payable over a period of
All five claimants would each lose their Mark McGhee, from Manchester law firm 15 years.
police widow’s or widower’s pension if they Lexent Partners Ltd. It alleges the pension A Home Office spokesperson said: “The
remarried or started living with a new regulations are unlawful under the Human Government is committed to providing
partner. Rights Act because they are discriminatory, public sector pensions that are fair to both
But, if their challenge is successful, it and breach the right to marriage and the workers and taxpayers. Due to similar
could help thousands of police survivors right to family life. provisions in the majority of older schemes,
who are still in receipt of their pension and Changes to the police pension scheme in any changes to police pensions would create
subsequently benefit those widows, England and Wales over the years mean a pressure for changes across all public
widowers and civil partners who have officers who joined at different times are service pensions pre-2006.”
already lost their pension because they subject to different regulations. It is anticipated that the High Court
chose to re-marry or co-habit. The 1987 pension scheme has been hearing will take place in the summer or
The National Association for Retired altered to allow widows, widowers and civil autumn of 2021.
Police Officers (NARPO) and the Police partners of police officers to retain their
Federation of England and Wales, both

www.polfed.org/westmids federation October/November 2020 31