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The Advocate General has delivered an opinion that:
- a pension scheme which provides that a widow who is more than a
certain number of years younger than the member is not entitled to
death benefits, is acting in a discriminatory manner on the basis
of age; but
- an actuarial reduction in a pension for a widow who is more
than a certain number of years younger than the member may be
objectively justifiable as an appropriate and necessary means of
achieving a legitimate aim
UK pension schemes that operate actuarial reductions for younger
spouses currently have the benefit of an express exception to the
Age Discrimination Regulations. If the Advocate General's opinion
is upheld when the case reaches the European Court of Justice, this
would provide further support for the validity of this
approach.
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