Jurisdiction(s):
United Kingdom

UK Pensions Ombudsman: retrospective pre-Barber equalisation of normal retirement date (NRD) to 65 upheld under scheme powers; Pensions Act 1995 s67 did not apply (Mrs E, CAS-38639-F6P7)

Published on: 17 June 2024

Published by a LexisNexis Pensions expert

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Article summary

Pensions Ombudsman determination: Mrs E (CAS-38639-F6P7)—29 April 2024

What was the background to the Pensions Ombudsman’s decision?

Mrs E was employed by Avis Budget Group (the employer) from 18 August 1986 until her redundancy on 21 December 1992. During this period, the applicant belonged to the final salary section of the Avis UK Pension Plan (the Plan), which was governed by the Avis UK Pension Plan Trust Deed and Rules (the Rules). Avis Pension Trustee Limited served as trustee of the Plan (the trustee). On 18 May 1990, the CJEU handed down its judgment in Barber v Guardian Royal Exchange [1990] 2 All ER 660. It determined that, because pension benefits fell within the scope of Article 119 of the Treaty of Rome (renamed the Treaty on the Functioning of the European Union), occupational pension schemes had to equalise the NRD for male and female members in respect of pensionable service after 18 May 1990. The CJEU did not, however, require NRD equalisation to be applied retrospectively for pensionable service before the date of that judgment...

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