EU developments in sexual
orientation...
The European Court of Justice recently held that where a
state has legislation that effectively provides a mechanism for
same sex couples to be on the same footing as married couples (such
as civil partnerships in the UK) identical survivors benefits
should be offered to those couples.
Currently UK legislation requires like benefits only with
respect to service after 5 December 2005 (or after 6 April 1988 for
contracted-out benefits). The Maruko case provides that benefits
are not identical if they are restricted in time, and therefore the
UK Government's approach may not be compliant with
EC equal treatment requirements. Most schemes have decided not
to restrict survivors' benefits to service post 5 December 2005.
Those that have might wish to reconsider their practice.
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