The Brewster case has bolstered public sector pension rights of unmarried couples, but it is better to be prepared, says Caroline East
- Administrators of public sector pension schemes should not discriminate unfairly on grounds of marital status.
- Secretary of State for Work and Pensions concerned that a change in the law would see full retrospective pension benefits being granted to civil partners.
In certain circumstances, a cohabitee may be able to claim a survivor’s pension on the death of his/her partner. Such was the case of Denise Brewster who lived with her partner, William McMullan, for approximately ten years. They became engaged on 24 December 2009 but sadly Mr McMullan died unexpectedly two days later.
Mr McMullan had been employed by Translink, a public transport operator, for about 15 years (up until his death) and had contributed to the Local Government Pension Scheme throughout that time. The scheme was governed by the Local Government Pension Scheme Regulations 2009 (SI 2009/3093).
The administrators of the scheme denied Ms Brewster access to a survivor’s pension on the basis that Mr McMullan had not completed a form nominating
