UKAEA Public Service Pension Scheme

Cat Smith Excerpts

Tuesday 28th January 2020 Westminster Hall

[Cat Smith (Lancaster and Fleetwood) (Lab)]

I beg to move,

That this House has considered the UKAEA Public Service Pension Scheme survivor’s pension.

It is a pleasure to see you in the Chair, Mr Gray, for this short but important debate. I requested the debate to highlight the inconsistent and discriminatory application of rules across public sector pension schemes in respect of awarding survivor benefits to unmarried partners upon the death of members. I want specifically to address the refusal of the United Kingdom Atomic Energy Authority pension scheme to award a survivor’s pension to my constituent, Ms Eve Shields, on the basis that she was not married to her partner, Mr Anthony Sysum, at the time of his death in 2017.

Mr Sysum, an employee of British Nuclear Fuels Ltd, was a member of the UKAEA pension scheme for 37 years, retiring in 2005. In a committed relationship for 23 years, Anthony and Eve shared a home and were financially interdependent, and Anthony’s UKAEA pension was their primary source of income. Despite being in poor health herself, Eve dedicated herself to being Anthony’s primary carer following his first stroke in 2006. A subsequent stroke in 2013 left Anthony in a semi-comatose state, unable to communicate effectively and requiring significant nursing care. Sadly, Anthony died in 2017. UKAEA responded to my inquiries regarding Ms Shields’s entitlement to a widow’s pension under the scheme, stating:

“Under the scheme rules, the member has to be legally married or in a civil partnership to be eligible for a dependent’s pension to be paid out after their death. Therefore there is no pension due.”

In July 2019, I wrote to the then Chief Secretary to the Treasury, the right hon. Member for South West Norfolk (Elizabeth Truss), questioning why the UKAEA pension scheme rules appeared to be out of line with more recent reforms to public sector pensions, under which survivor benefits are awarded to unmarried partners and should be paid for life, not removed upon subsequent marriage or cohabitation. In response, she confirmed that the UKAEA pension scheme is based on the civil service classic scheme. New pension arrangements for civil servants introduced in 2002, which are known as premium, were not incorporated into existing classic schemes. As the UKAEA scheme remained a classic scheme, it was not subject to those reforms.

Further examination of the current UKAEA scheme highlights a glaringly inconsistent approach to the rules regarding what constitutes an “eligible widow”. Although a widow’s pension will be awarded to a survivor who was married to or in a civil partnership with a scheme member at the time of their death, that benefit will end should the survivor remarry or live with another person as though they were married.

In 1998, the then Labour Government decided that public service schemes should be able to provide survivor benefits to unmarried partners if the membership was prepared to meet the cost. In October 2002, a new scheme, known as premium, was introduced for new civil service members. The existing classic scheme was closed, with members given the option to transfer to classic plus. The revised classic plus scheme provided, among other benefits, survivor pensions for unmarried partners. The UKAEA scheme is a statutory defined-benefit public service pension scheme, yet it seems that its members were excluded from the reforms made to the range of other civil service pension schemes on which it was modelled. Will the Minister say why?

We know that in 1996, following the privatisation of the commercial arm of UKAEA, members of the existing scheme were offered the right to transfer their benefits from the public service pension scheme to an alternative private scheme, the Atomic Energy Authority Technology scheme, with the promise of “no less favourable” benefits. We also know that that failed, with the AEAT pension scheme transferred to the Pension Protection Fund in 2012 and the Government “promise” in the Atomic Energy Authority Act 1995 subjected to review by the pensions ombudsman. It seems to me that UKAEA members who, like Anthony, chose to remain in the existing public service scheme fared little better, given their exclusion from the opportunity to transfer to a classic plus pension scheme in line with public service employees in other public sector workforces.

Turning to the existing rules, aside from the blatant gender-based language they use, I am incredulous and, frankly, astonished at the position adopted by the current UKAEA scheme. Rule 6.05 of the scheme states:

“A widow’s pension under Rule 6.01 will be paid from the day after her husband’s death until the date of her death, unless she remarries or was (at the time of her husband’s death) living or begins to live with a man as if she were the person’s wife or, if the member died on or after 5 December 2005, the member’s widow forms a civil partnership or marries a woman or begins to live with a woman as though they were a married couple.”

The scheme rules employ a very narrow definition of what constitutes an “eligible widow” in making any widow’s pension award, but the scheme is considerably less narrow in its definition and interpretation of “partnership” when removing that pension at a later date.

It is my view that that position may be considered discriminatory on the grounds of marital status, in line with the 2017 Supreme Court judgment in the case of Brewster. The Brewster case concerned a similar public service pension scheme, the local government pension scheme, and its requirements that unmarried cohabiting partners must be nominated by their pension scheme member partner in order to be eligible for a survivor’s pension, and that the survivor must show they had been a cohabitant for two years prior to, and two years after, that nomination. Neither of those requirements was in place for married or civil partner survivors. The Supreme Court determined that, where a pension scheme provides a survivor’s pension for an unmarried partner, there is no requirement for the member to nominate their partner in order for that pension to be applied.

Denying bereaved cohabitees access to survivor pensions can cause huge distress as well as significant financial hardship. Lawyers acting for Ms Brewster, the surviving partner, responded to the judgment by calling for urgent further reforms and drawing attention to the decision by the Supreme Court that there had been unlawful discrimination on the grounds of marital status. They noted that the rule the Supreme Court had declared unlawful could be found in most of the UK’s public sector pension schemes, potentially affecting around 12 million members in the UK.

In September 2017, in response to a written question, the then Chief Secretary to the Treasury confirmed that Her Majesty’s Treasury had written to all public service pension schemes making clear that the Supreme Court ruling should be applied to all cases similar to that of Ms Brewster. However, in response to my inquiry about my constituent Eve’s opportunity to have the Supreme Court judgement applied in her circumstances, I was informed that that ruling was to be applied only to those public service schemes that provide pensions for unmarried partners. As that does not include the classic UKAEA scheme, Eve remains ineligible.

In summary, the various reforms to public service pension schemes intended to streamline and modernise them to reflect the changing lifestyles of scheme members appear not to have been applied to the UKAEA scheme. That scheme’s rules remain narrow—some may even say patriarchal—in their approach to what constitutes a widow when assessing claims of survivor benefits. However, they seem only too willing to be broader in their understanding of partnership when considering whether any such benefit entitlement should cease.

My constituent Eve, a survivor of a loving relationship with a UKAEA scheme member, is left not only bereaved but financially worse off as a result of the rules. She is now in a financially precarious position, relying on state welfare benefits. Anthony, as a member of a public service pension scheme, should have been afforded the same opportunity as others across public services to transfer to an appropriate scheme providing benefits to unmarried survivors. I would be grateful if the Minister could explain why the UKAEA scheme was excluded from pension reforms that allowed unmarried partners to receive benefits. Does he feel, as I do, that the UKAEA scheme is unfair and discriminatory, given how it is less narrow in defining how a widow can lose a pension than how a widow might be eligible for one?

My constituent Eve is following the debate closely, as no doubt many others will be, too. What advice does the Minister offer Eve and so many others like her who find themselves in this situation? There needs to be urgent action to address the anomalies across public service pension schemes such as that of the UKAEA, and, most importantly, to make right the injustice and discrimination experienced by survivors such as Eve.