Foster Wheeler Ltd v Hanley & Ors

Foster Wheeler Ltd v Hanley & Ors

Normal retirement dates under the Foster Wheeler Pension Plan were not equalised until 16 August 1993. Members are not estopped from claiming NRD 60 for service after 17 May 1990 and before 16 August 1993. Mixed NRD members are entitled to take all their pension at age 60 without reduction (except for service after 31 March 2003), and the scheme does not require or permit split pensions or general actuarial reductions for early retirement in respect of pre-1 April 2003 service. The rules and amendments as implemented are Barber-compliant, and no recovery of overpayments is warranted.

Parties
Claimant: Foster Wheeler Limited; Defendant: Andrew John Hanley; Defendant: David Wardlaw; Defendant: George Midgley; Defendant: Norman Frederick Harley; Defendant: Trevor Bryan Staples; Defendant: Richard George Larkin; Defendant: Richard Bruce Chacksfield; Defendant: Russell Thomas Forrester Evans; Defendant: Richard Williams; Defendant: Damon Hill; Defendant: Duncan White; Defendant: Veronica Gee
Jurisdiction
England and Wales
Judgment Date
28 November 2008
Procedural Posture
Civil (pensions/trusts) / Judgment
Outcome
Claim substantially dismissed; declarations granted as to correct interpretation of scheme rules and member rights.
Legal Topics
Equal Treatment in Occupational Pension Schemes, Implementation of ECJ Barber and Coloroll Decisions, Normal Retirement Date Equalisation, Estoppel by Convention in Pension Schemes, Scheme Amendment Powers and Accrued Rights
Pensions Law Trust Law Employment Law European Union Law Equal Treatment in Occupational Pension Schemes Implementation of ECJ Barber and Coloroll Decisions Normal Retirement Date Equalisation Estoppel by Convention in Pension Schemes +1 more

Case Brief

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Parties

Foster Wheeler Limited

Claimant

Andrew John Hanley

Defendant

David Wardlaw

Defendant

George Midgley

Defendant

Norman Frederick Harley

Defendant

Trevor Bryan Staples

Defendant

Richard George Larkin

Defendant

Richard Bruce Chacksfield

Defendant

Russell Thomas Forrester Evans

Defendant

Richard Williams

Defendant

Damon Hill

Defendant

Duncan White

Defendant

Veronica Gee

Defendant

Procedural Posture

Civil (pensions/trusts) / Judgment

Legal Issues

  1. 1 Whether and when normal retirement dates (NRDs) under the Foster Wheeler Pension Plan were equalised for men and women
  2. 2 Whether members are estopped from claiming NRD 60 for service after 1 June 1992
  3. 3 How Barber window rights are to be implemented for mixed NRD members

Ratio Decidendi

Normal retirement dates under the Foster Wheeler Pension Plan were not equalised until 16 August 1993. Members are not estopped from claiming NRD 60 for service after 17 May 1990 and before 16 August 1993. Mixed NRD members are entitled to take all their pension at age 60 without reduction (except for service after 31 March 2003), and the scheme does not require or permit split pensions or general actuarial reductions for early retirement in respect of pre-1 April 2003 service. The rules and amendments as implemented are Barber-compliant, and no recovery of overpayments is warranted.

Court Disposition

Claim substantially dismissed; declarations granted as to correct interpretation of scheme rules and member rights.

Orders

  • Declaration that NRDs were not equalised until 16 August 1993.
  • Declaration that members are not estopped from claiming NRD 60 for service after 17 May 1990 and before 16 August 1993.