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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    Pension age can mean, depending on the context, either state pension age or the age at which a member of a company (occupational) pension scheme becomes entitled to his occupational pension.

    Different STATE PENSION ages for men and women are temporarily allowed under EC/EU rules (EC Directive 79/7/EEC art 7). The UK is equalising male/female state pension ages at 65, phasing the change in from 2010 to 2018 (see Pensions/equalisation of pension ages ). This will be followed by a phased increase for both sexes to 68.

    Pension ages in PRIVATE (ie company and occupational) pension schemes have been required to be equalised under european rules since 17th May 1990 (see EUROPEAN LAW/some important EU related cases/Barber case ). This rule is now given statutory effect in the UK by Pensions Act 1995, ss.62 and 63. As from 6th April 2010 a tax approved pension scheme must in general not pay benefits to anyone before their 55th birthday (until then their 50th birthday).

    "Pension age" is not the same as retiring age or retirement age. They often happen to be the same, but there is no legal reason why they should be (see SEX DISCRIMINATION/retirement age for notes on equal treatment).

    See also SOCIAL SECURITY/employment related benefits/retirement pension and/or Pensions/part-time employees .


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    updated August2006
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