High Court, Chacery Division [2002] EWHC 641 (Ch) on 19th April 2002, reported at [2002] IRLR 702

NOTES

Shillcock v Uppingham School Retirement Benefits Scheme [2002] EWHC 641, High Court ChD, reported at [2002] IRLR 702 (appeal from the Pensions Ombudsman decision in Shillcock v Uppingham School Retirement Benefits Scheme case F00317 30/10/97).


Authority for the propositions that:-

  1. a rule in an occupational pension scheme designed to integrate an occupational pension with the State pension, commonly known as "pensions clawback", is lawful (ie it is not unlawful indirect sex discrimination - a pensions clawback rule is one under which an amount equal to the current lower earnings limit for NI purposes is deducted from pensionable salary when calculating the amount of a pension)
  2. a rule excluding employees from eligibility for membership of a pension scheme if their earning are less than the national insurance lower earnings limit, and who are therefore not eligible for any State Pension, is lawful.

For relevant general notes see Part-time workers/pensions/problem areas and/or Part-time workers/pensions/a general note and/or Sex discrimination/indirect discrimination


FINISH>
updated April2002.