Widows’ pension challenge heads to the High Court

16 September 2020

Police pension rules which force widows and widowers to choose between love and financial security have been challenged in the High Court.

For those in the 1987 Police Pension Scheme, in England and Wales, the rules currently state that if a police widow or widower remarries or cohabits they will lose their pension.

However, the rules for those living in Scotland, Northern Ireland and in the military are more generous.

The disparity has now been challenged in the High Court as lawyers acting on behalf of four widows and a widower lodged their claim against the Government, alleging that regulation C9 of the 1987 police pension scheme breaches their human rights.

All five claimants would each lose their police widow’s or widower’s pension if they remarried or started living with a new partner.

But, if their challenge is successful, it could help thousands of police survivors who are still in receipt of their pension and subsequently benefit those widows, widowers and civil partners who have already lost their pension because they chose to re-marry or co-habit.

The National Association for Retired Police Officers (NARPO) and the Police Federation of England and Wales, both support the legal action and say the rules force bereaved partners to choose between ‘financial security or isolation’.

John Apter, national chair of the Police Federation of England and Wales, said: “The 1987 Police Pension Scheme, to which this regulation applies, is still one that many serving police officers fall under. We are united with NARPO and the claimants in their challenge to Government to bring equality across the regions of the UK in the approach to survivor pensions.

“These brave men and women have worked to keep their communities safe and are often the main breadwinners of the families they leave behind. For this inherent unfairness to continue to exist, does a great dishonour to their service and sacrifice.”

The legal claim has been prepared by Mark McGhee, from Manchester law firm Lexent Partners Ltd. It alleges the pension regulations are unlawful under the Human Rights Act because they are discriminatory, and breach the right to marriage and the right to family life.

Changes to the police pension scheme in England and Wales over the years mean officers who joined at different times are subject to different regulations.

The 1987 pension scheme has been altered to allow widows, widowers and civil partners of police officers to retain their pension for life where the officer died as a result of injury on duty if they re-married or co-habited with a new partner after April 2015. But those who re-married or moved in with a partner before April 2015 have lost their pension and are not being allowed to re-claim it.

The Police Pension Regulation changes in 2006 meant new entrants, or serving officers who transferred to the new scheme would get survivors benefits for life, irrespective of whether they re-marry or form a new partnership.

Last year the Government estimated that extending benefits to all police survivors on the 1987 scheme would cost an extra £144 million payable over 30 years. Reinstating pensions already lost would cost a further £54 million payable over a period of 15 years.

A Home Office spokesperson said: “The Government is committed to providing public sector pensions that are fair to both workers and taxpayers. Due to similar provisions in the majority of older schemes, any changes to police pensions would create a pressure for changes across all public service pensions pre-2006.”

It is anticipated that the High Court hearing will take place in the summer or autumn of 2021.