Legal Experts Consider The Knock On Effects Of The Ruling

An unmarried woman who lost her long-term partner has won a legal battle at the Supreme Court after she was denied payments from his public sector pension.

Pensions experts at national law firm Irwin Mitchell have called today’s judgment “judicial recognition that long term partners, who co-habit and are financially dependent or inter dependant, should be given more rights legally”.

Denise Brewster, 42, argued successfully that she was the victim of ‘serious discrimination’ after payments from her late partner's occupational pension were never paid to her. 

The couple lived together in Coleraine for ten years before Mr McMullan sadly died in 2009, two days after the couple had got engaged. 

At the time of his death he had worked for the Northern Ireland public transport service, Translink for 15 years paying into an occupational pension scheme administered by the Northern Ireland Local Government Officers' Superannuation Committee.

The couple both paid into the scheme together but because they weren’t married she wasn’t entitled to share the pension he’d built up. 

Instead, co-habiting partners were only eligible for survivor's allowances if they had been nominated on a form. However, this form had not been completed, contrary to Ms Brewster’s belief.

Pensions expert Penny Cogher from national law firm Irwin Mitchell feels the result will have implications for the rights of co-habiting couples working in the public sector but change in the private sector could still be some way off.

Expert Opinion

“It seems that the courts are moving more swiftly to this position than Parliament, who have yet to embrace the idea of civil partnership for different sex couples as well (as same sex couples) who do not want to marry but want to have their relationship recognised in law. <br/> <br/>“There is therefore still some way to go before we reach the position of a “common law husband or wife” being fully recognised legally. <br/> <br/>“The Supreme court judgment only relates to public sector pension schemes. However the judgment may result in private sector schemes re-visiting their rules looking at their fairness and appropriateness in today’s society of who qualifies for a survivor’s pension. <br/> <br/>“It is not unusual for the rules of private sector schemes to contain some very arbitrary rules as to who qualifies for the survivor’s pension and often being a married husband or wife is not enough, let alone being a co-habitee. <br/> <br/>“Until private sector pension schemes review and update their rules, there will still be groups of members whose partner potentially would receive no pension benefit on the death of the member from the defined benefit (DB) scheme itself. <br/> <br/>“Therefore, if they do want their partner’s position covered, it makes sense for them to take IFA advice on looking at transferring their defined benefit pension benefits out of their employer’s scheme to their own pension plan.” Penny Cogher - Partner