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Early retirement benefits
[ch 12: page 439]Unlike pensions, early retirement provisions and pension enhancements triggered by dismissal before retirement age do transfer. This is because they are not “old-age, invalidity or survivors’ benefits” within the meaning of the Acquired Rights Directive. This was confirmed in a landmark European case brought by UNISON concerning rights for over-50s:
An NHS scheme entitled redundant employees aged over 50 to an early retirement pension. The ECJ ruled that early retirement benefits are not “old-age, invalidity or survivors’ benefits” and are therefore not covered by the pensions exclusion, which must be narrowly interpreted. Instead, these contract terms transfer to the new employer.
Beckmann v Dynamco Whicheloe Macfarlane C-164/00 [2002] All ER(D)05
The Beckmann case was followed in Martin and others v South Bank University Case C-4/01 [2004] IRLR 74. These rulings apply to pensions in both the public and the private sector (Proctor & Gamble Limited v SCA [2012] EWHC 125).