EQUAL PENSIONS: END DISCRIMINATION IN SURVIVOR PEN

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Conference
2015 National LGBT Conference
Date
1 January 2015
Decision
Carried

Conference condemns the continuing discrimination against civil partners and same sex married couples with regard to pensions and deplores the failure of the government to address the inequality of survivor pensions within occupational schemes.

Conference asserts that the Treasury’s claims that equalisation in line with other survivors is unaffordable were misleading and inaccurate and that there is a responsibility of Government not only to end this discrimination and adhere to the provisions of the Equality Act 2010, but also to meet the costs of any backdated payment.

Conference whilst welcoming the Marriage (Same Sex Couples) Act finds it disgraceful that the Act failed to address the inequality that exists with regard to survivor pensions and notes the Act permits pension providers to discriminate against same sex married couples and those in civil partnerships.

Same sex survivor benefits need only be calculated from 5 December 2005 following the introduction of civil partnerships.

Conference is shocked and disappointed the review of survivor benefits did not recommend full equalisation of pension rights and notes that a similar discrimination exists between widow and widower pensions. Within the private sector only pension contributions after 1990 count towards accrual of a widower’s pension and service; after 1988 in the public sector.

Conference also notes that the previous government’s inaction appears to stem from reluctance to impose on pension schemes costs it described as ‘retrospective’ and is disappointed to note the Labour front bench of the time appeared to share this reluctance.

Conference rejects this logic. It is the logic that led those who abolished slavery to compensate slave-owners but not slaves.

Conference also rejects the narrow basis of the government’s financial analysis which took no account that a couple’s mutual support in old age is a feature of their relationship which benefits not just them but society as a whole.

Conference believes Government should take urgent action to equalise pension provision for same-sex married couples, civil partners and widowers with the benefits enjoyed by widows.

Conference instructs the national LGBT committee to:

1. Continue to work closely with the Trades Union Congress (TUC) on this issue and promote TUC initiatives to LGBT members;

2. Approach the national retired members’ committee to discuss how to promote the campaign among UNISON retired members and with a view to raising it with the National Pensioners’ Convention, the Scottish Pensioners’ Forum and among pensioners generally;

3 Approach the national Labour Link committee with a view to getting the Labour Party to support our aims and identify possible initiatives to be taken in the UK parliament;

4. Make pensions equality a priority campaign and lobby political parties, Westminster and devolved UK governments on this issue;

5. Highlight the issues on UNISON’s LGBT website, LGBT monthly E bulletins, and ‘Out in UNISON’.

6. Support regional LGBT groups to enable them each to take at least one initiative in support of this campaign in the next twelve months and ensure that the groups in Cymru/Wales, Northern Ireland and Scotland have the resources and support to take appropriate initiatives in those regions; and,

7. Collaborate, as appropriate, with Liberty and any others supporting individual legal cases.