Last April, we highlighted that there had been a Supreme Court ruling on a case in Northern Ireland (Brewster V NILGOSC) regarding the non-payment of a pension to a cohabiting partner due to the lack of a nomination form. LGPS regulations changed in 2014, removing the need to nominate a cohabiting partner.
Following the Supreme Court ruling, and in similar circumstances, in the case of Elmes V MHCLG, the High Court has determined that the outcome of this case heard before the High Court on Tuesday 18 January 2018, effectively removes the requirement for a nomination form from regulations.
This means it enables the EAPF to pay a partner’s pension to the partner of a deceased member who died without completing a nomination form, and who left active membership on or after 1 April 2008 and before 1 April 2014.
If you were a cohabiting partner and think you may be affected by this, to please get in touch with us.
The definition of a cohabiting partner can be found
here