Irish Wedding News
08/02/2017
Denise Brewster, from Coleraine, was denied the pension payments as she was not married to her partner Lenny McMullan at the time. The couple had lived together for 10 years and owned their own home. They were engaged, but Mr McMullan died suddenly in Christmas 2009 – just two days after their engagement.
McMullan had worked for Translink for 15 years, paying into an occupational pension scheme administered by the Northern Ireland Local Government Officers' Superannuation Committee (NILGOSC). If the couple had been married, Ms Brewster would have automatically shared the pension that had built up. However, co-habiting partners were only eligible for survivor's allowances in the same way if she had been nominated on a form. This form had not been completed.
When she was denied the payments following her fiancé's death, Brewster argued that she was the victim of "serious discrimination" and breached her human rights.
Initially, Brewster won her case in the High Court in Northern Ireland, but the decision was overturned in the Court of Appeal in Northern Ireland. The case then headed to the UK Supreme Court for a final decision, where the justices unanimously ruled in Brewster's favour.
The result could now have implications for the rights of co-habiting couples working in the public sector.
(JP/LM)
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Woman Wins Legal Battle Over Partner's Pension
A woman from Northern Ireland who was denied payments from her late partner's occupational pension has won a legal battle to have the decision overturned.Denise Brewster, from Coleraine, was denied the pension payments as she was not married to her partner Lenny McMullan at the time. The couple had lived together for 10 years and owned their own home. They were engaged, but Mr McMullan died suddenly in Christmas 2009 – just two days after their engagement.
McMullan had worked for Translink for 15 years, paying into an occupational pension scheme administered by the Northern Ireland Local Government Officers' Superannuation Committee (NILGOSC). If the couple had been married, Ms Brewster would have automatically shared the pension that had built up. However, co-habiting partners were only eligible for survivor's allowances in the same way if she had been nominated on a form. This form had not been completed.
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When she was denied the payments following her fiancé's death, Brewster argued that she was the victim of "serious discrimination" and breached her human rights.
Initially, Brewster won her case in the High Court in Northern Ireland, but the decision was overturned in the Court of Appeal in Northern Ireland. The case then headed to the UK Supreme Court for a final decision, where the justices unanimously ruled in Brewster's favour.
The result could now have implications for the rights of co-habiting couples working in the public sector.
(JP/LM)
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