How new case law affects schemes
Published: 09 March, 2010
Last year saw many significant pensions law cases, and 2010 seems set to go the same way. In Foster Wheeler vs Hanley (July 2009), the Court of Appeal emphasised the need for a pragmatic approach to sex equalisation. Since the ‘Barber judgment’ on May 17, 1990, European law has required that male and female retirement ages must be equal for workers in comparable employment. Until schemes comply with this, men and women accrue benefits during this period with lower normal retirement dates (NRD), usually age 60. This is known as the ‘Barber window’.