- Conference
- 2024 National Retired Members Conference
- Date
- 4 June 2024
- Decision
- Carried
Conference notes that:
1)Most public service pension schemes pay pensions to widows of male scheme members in respect of contributions since 1972 or, in certain circumstances, 1978;
2)As a result of a Supreme Court decision in 2017, the Walker case, scheme members’ surviving same-sex spouses and civil partners, irrespective of gender, are now treated the same as widows of male scheme members; but,
3)In many schemes, widowers and surviving male civil partners of female scheme members continue to be paid pensions only in respect of contributions since 1988.
Conference notes the judgement of the Employment Tribunal in Goodwin v Secretary of State for Education (case number 1308506/2019) made on 30th June 2020. The tribunal declared that:
“by providing for a survivor’s pension which is less favourable for a widower or surviving male civil partner … than for a widow or surviving female civil partner of a female scheme member … the Teachers’ Pension Regulations 2010 directly discriminate because of sexual orientation …”.
Following that judgement, a ministerial statement by Steve Barclay, then Chief Secretary to the Treasury, on 20th July 2020, stated:
“The government has concluded that changes are required to the teachers’ pension scheme. (…) This difference of treatment will also need to be remedied in those other public service pension schemes where the husband or male civil partner of a female scheme member is in similar circumstances. Departments responsible for the administration of affected schemes will consult on and take forward changes as soon as possible. Schemes will notify their members of changes and any action they need to take.”
Conference is concerned that, although the Teachers’ Pension Scheme and the Scottish Local Government Pension Scheme appear to have made, or be making, the necessary changes, many other public service pension schemes appear slow to do so or to alert their members to any new entitlement or any action they need to take.
Conference observes that continuing not to pay pensions in respect of contributions made over 35 years ago will have a disproportionate effect on older scheme members making the issue a matter of particular concern to this conference.
Conference welcomes the resolution on this subject of UNISON Local Government Service Group Conference 2023 and the motions admitted to the agenda of UNISON National Delegate Conference 2023 and 2024.
Conference instructs the Retired Members’ National Committee to urge the National Executive Council to continue seeking to:
a)Secure equal treatment of surviving spouses and civil partners in public service pension schemes; and,
b) Ensure that schemes issue early notification to members on their entitlement and any action they need to take.