ECJ judgment re retrospective equalisation of retirement ages during "Barber window" - Safeway Ltd v Andrew Richard Newton, Safeway Pension Trustees Ltd (2019) (C-171/18) [ECJ] 07.10.19 (Unreported)

Wed, 09 Oct 2019

Social policy — Article 119 of the EC Treaty (now, after amendment, Article 141 EC) — Male and female workers — Equal pay — Private occupational retirement pension scheme — Normal pension age differentiated by gender — Date of adoption of measures reinstating equal treatment — Retroactive equalisation of that age to the normal pension age of the persons previously disadvantaged. HELD that EU law did not allow, in the absence of an objective justification, the retrospective levelling down of the retirement age to equalise it between men and women during the "Barber window", even where such a measure was authorised under national law and under the Trust Deed governing that pension scheme.

Category: Pensions »  Occupational pensions; EC Law; Equal treatment. Area(s) of law: Employment; Pensions.
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