Wednesday 30 November 2022
Appeal against the order of Mr Justice Fordham dated 27 May 2022 sitting in the Administrative Court in Manchester.
This case is about the human rights compatibility of a mechanism under which a police pension is ‘switched off’. The provision at the heart of the case is Regulation C9 of the Police Pensions Regulations 1987 (SI 1987/257, as amended) (“PPR87”). PPR87 contain the scheme rules for the 1987 police pension scheme (“PPS”). Regulation C9 is entitled:
Termination of widow’s or civil partner’s pension on remarriage or other event.
The parties agree that, for the purposes of deciding the present case, it is sufficient to focus on Regulation C9(3). It provides:
Where a widow … or a surviving civil partner … is entitled to a pension under this Part and – (a) marries or has married, (b) remarries or has remarried, (c) forms or has formed a civil partnership or new civil partnership, (d) with a person to whom she is not married lives together as husband and wife, or (e) with a person who is not her civil partner lives together as if they were civil partners, she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage or remarriage, or after the formation of her civil partnership, or after her cohabitation begins.