Safeway Pension Scheme

Egg_Banjo

I'm a male deferred member of the Safeway Pension Scheme (now under the trusteeship of Morrisons). I left the scheme in 1995 and would expect to be able to draw (fairly modest) benefits in 2028 when I turn 65.

Recently there was a court case regarding the Safeway fund. I'm unable to post links but searhing for 'safeway pension andrew newton' will bring both summaries and the full judgement. Andrew Newton is the test beneficiary in this case.

On the face of it the ruling appears to benefit pensioners like me (and will cost Morrisons £100 million), but I'm unclear as to the real-world implications as I'm not well-versed in legalese.

Notwithstanding the fact that there is an appeal in place, am I correct in thinking that I might be able to draw some or all of my pension without reduction at 60 rather that 65 as a result of this ruling?

I recently received a letter from the scheme, but it's non-committal at this point.

Your help is appreciated.

xylophone

http://www.lexology.com/library/detail.aspx?g=bcfb6508-b64b-4b3e-a1e8-c2c0fb531457

"Warren J concluded that, ignoring the impact of section 62 of PA 95, the 1996 Deed was not effective to introduce a common NPA of age 65 for men and women for the period from 1 December 1991 to 2 May 1996. The result is that both men and women are entitled to benefits in respect of that period based on an NPA of age 60.

Warren J’s other comments in the judgment are also of note. Although the scheme had been administered on the basis that the announcement had altered NPAs from 1 December 1991, there was evidence to suggest that the announcement informing scheme members of the change was not in fact distributed until 2 December 1991. Nor could it be said with certainty that every single scheme member had received the announcement.

Permission to appeal has been granted on the issues of Harland & Wolff, and section 62 of PA 95."

http://bakerreign.co.uk/outer-temple-lawyers-win-equalisation-claim-case/

"In Safeway Limited v (1) Andrew Newton (2) Safeway Pension Trustees Limited, the High Court (Warren J) again ruled that EU law prevents the retrospective levelling down of pensions (by increasing the Normal Pension Age of women to 65), even where such an amendment was (1) permitted by the rules of the scheme and (2) was made after section 62 Pensions Act 1995 came into force. Permission to appeal has been granted."

http://www.pinsentmasons.com/PDF/PPLEqualisation.pdf

Notwithstanding the fact that there is an appeal in place, am I correct in thinking that I might be able to draw some or all of my pension without reduction at 60 rather that 65 as a result of this ruling?

I recently received a letter from the scheme, but it's non-committal at this point.

The scheme Trustees can't be anything other than non committal - there is a lot of legal wrangling to go before this case reaches a conclusion.

As to the answer to your question.... perhaps/ maybe/if........

Egg_Banjo

I feared that might be the case. Either way I have a few years to wait. Thank you.