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11-Aug-08 12:15 [Pensions]
European cases 'may affect UK pension scheme laws' Two recent pension scheme court cases involving the European Courts of Justice (ECJ) have cast doubt over the ways Britain has implemented discrimination legislation, an employment news provider has revealed.
Personneltoday.com noted that discrimination applying to age or sexual orientation in regard to UK pension schemes has been called into question after the cases of Bartsch and Maruko were heard.
Maruko concerned the entitlement to a survivor's pension of those in civil partnerships, with the Bartsch case surrounding the age gap provision in a German scheme which prevented a spouse more than 15 years younger than the member not being entitled to the pension.
The news provider found that both would be entitled to all money saved through the schemes and not just after anti-discrimination legislation was passed - on December 1st 2003 for sexual orientation and December 1st 2006 for age-related issues.
Temporal limitations based in the UK could therefore be called into question through the overriding EU law presented in both Bartsch and Maruko, although changes made to age discrimination laws will have to wait on the conclusion of Bartsch before a decision can be made.
Last week Personneltoday.com revealed that age discrimination legislation has made the use of "last in, first out" redundancy decisions more difficult.
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