2017
Langue
Anglais

Equality between married/civil and cohabiting partners to a survivor’s pension

In the United Kingdom, unmarried cohabiting relationships are still not provided formal legal recognition. Cohabiting partners are provided certain legal rights through a patchwork of legislation. Brewster v Northern Ireland Local Government Officers’ Superannuation Committee [2017] UKSC 8 is a case involving a cohabiting partner’s entitlement to a survivor’s pension under the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009 (SI2009/32) (hereafter ‘the 2009 Regulations’). In Brewster, the appellant, B, had lived together with M for about 10 years. M had worked for nearly 15 years with Translink, which provides Northern Ireland’s public transport services, and was a member of the Local Government Pension Scheme of Northern Ireland. M died unexpectedly in December 2009, intestate and with no children. The pension scheme is administered by the first respondent, Northern Ireland Local Government Officers’ Superannuation Committee (NILGOSC), pursuant to the said Regulations. The second respondent is the Department of the Environment for Northern Ireland who made and is responsible for the 2009 Regulations.