Pensions and same-sex couples

Pension schemes can no longer treat same-sex couples in a civil partnership or marriage differently from their married heterosexual counterparts regarding pension benefits. In Walker v Innospec Limited [2017] UKSC 47, the Supreme Court abolished an exemption in the EA 10 that used to permit occupational health providers to deny civil partners and same-sex marriage partners pension survivorship benefits that were built up by their partner before 5 December 2005 (the date the Civil Partnerships Act 2004 came into force). This exclusion, found in Para 18, Schedule 8, EA 10, has been declared incompatible with EU law (see page 22).