[2006] EWHC 2373 (Admin) on 27th September 2006, reported at [2006] IRLR 926

NOTES

  • UNISON v First Secretary of State [2006] EWHC 2373 (Admin) on 27th September 2006, reported at [2006] IRLR 926
  • The full text of the High Court judgment in this case is available free of charge on the BAILII website.

    The government introduced regulations in 2005 to remove the so-called "85-year rule" from the Local Government Pension Scheme (the Local Government Pension Scheme (Amendment) (No.2) Regulations 2004 SI 2004/3372). Under this rule an early leaver from the Local Government Pension Scheme whose age plus years of membership of the scheme totals 85 or more could receive full pension with no reduction for taking it early - members over 60 could do so as of right, members over 50 but under 60 required their employer's consent.

    After intense pressure from trade unions these regulations were revoked retrospectively (by the Local Government Pension Scheme (Amendment) Regulations 2005, SI 2005/1903).

    However in 2006, in the face of intense opposition of, and widespread strikes by, local government workers new regulations were made which abolished the "85-year rule" with effect from 1st October 2006 (the Local Government Pension Scheme (Amendment) Regulations 2006, SI 2006/966 reg 1(3)(c)).

    The case noted above was an unsuccessful attempt by UNISON to quash relevant parts of these new regulations by way of judicial review.

    See generally notes at Pensions/local government

    FINISH>
    prepared Nov2006.