Forces Pension Society

Fighting for the forces and their families

Judges Pensions – Read Across to MOD?

March 16, 2017
BBC News

Most people heard of the recent court ruling and it prompted many of our Members to contact us…

In mid-January, the government lost a legal case over the way it changed the pension scheme for the UK’s judges in 2015. The central London Employment Tribunal upheld a claim by 210 judges that they suffered age, race or sex discrimination during the change because when the new, less generous, scheme was introduced, older judges were allowed to stay in their old scheme until they retired or for an interim period. The tribunal ruled that this was unlawful discrimination against younger judges.

On the face of it, exactly the same occurred to Armed Forces personnel (and indeed other public sector employees) who were compulsorily transferred to AFPS 15 – unless they were born before 1 April 1967. This has caused much delight on the unofficial Army, Royal Navy and RAF blog sites, but the celebrations may be premature. The government is appealing the decision to the Employment Appeal Tribunal, and in any event, a spokesman for the specialist pension law firm Sackers (which FPS consults from time to time) has stated that any read across “would depend on the precise transitional provisions other schemes have got, how long they lasted for, and also on the aims underlying them.” We will keep you posted on any developments.

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