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Pension - death in service benefits - salary challenge
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It's possible that the Pension Scheme may be in breach of Age Discrimination laws which have been in place since 2006. It's worthwhile discussing with your late father's Trade Union to see if they can provide some free legal advise.
All Employers and Occupational Pension schemes have an obligation to review their Terms of Employments and Pension Scheme rules to ensure that they are not in breach of of Age Discrimination Laws. These include supporting flexible retirement options (such as part-time working) and not penalising employees if they choose to go down this route.
One of the reasons for pursuing this route (rather than the Employment/Pension Scheme rules route) is that the potential penalties for Employers or Pension Schemes being in breach of Age Discrimination laws are significantly higher and so Company Legal/Commercial Directors often recommend that these are settled without litigation in court.
Within the Public Sector just about all Occupational Pension scheme were modified many years ago to support flexible working - typically using full time equivalent percentages.0
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