Regulations made restating effects of retained EU law pensions judgments

We have reported previously that the effects of retained EU law set out in various ECJ court judgments would need to be restated in regulations if they were not to “sunset” at the end of 2023 under the Retained EU Law (Revocation and Reform) Act 2023.

Two sets of regulations have now been made which restate four pensions-related judgments.  

• The Pensions Act 2004 and the Equality Act 2010 (Amendment) (Equal Treatment by Occupational Pension Schemes) Regulations 2023 reflect the rulings in Walker v Innospec Ltd [2017] on same-sex survivor pensions and Allonby v Accrington and Rossendale College on the use of notional comparators where scheme GMP provisions are discriminatory.
• The Pensions Act 2004 (Amendment) (Pension Protection Fund Compensation) Regulations 2023 reflect the judgments in Secretary of State for Work and Pensions v Hughes [2021] and Hampshire v Board of the Pension Protection Fund by amending PPF compensation provisions.

Both sets of regulations come into effect "immediately before the end of 2023".