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.
Unlike the LGPS in Northern Ireland, the LGPS regulations in England and Wales changed in 2014, removing the need to nominate a cohabiting partner; however, the change wasn’t applied retrospectively, so members who left contributing membership after 31 March 2008 and died before1 April 2014 would still need to have nominated their cohabiting partner for them to receive a pension.
Following the Supreme Court’s ruling, a similar determination was made by the High Court concerning the case of Elmes V Essex County Council, which was heard on Tuesday 18 January 2018. In this case, the High Court’s ruled that, where the partner meets the necessary requirements, there was no need for a nomination form, and that this requirement should be removed from the regulations.
The High Court ruling means that the EAPF is able to pay a partner’s pension to the partner of a deceased member, who left contributing membership after 31 March 2008 and died before 1 April 2014, without completing a nomination form.
If you were a cohabiting partner and think you may be affected by this, please get in touch with us.