Slattery v Cabinet Office Civil Service Pensions & Anor [2009] EWHC 226 (Ch) (16 February 2009)

Slattery v Cabinet Office Civil Service Pensions & Anor [2009] EWHC 226 (Ch) (16 February 2009)

The requirements of s.31(2)(b) WRPA are not met because the CETV did not include an amount in respect of AER benefits, which were discretionary and not in contemplation at the time of the PSO; therefore, deductions for pension debit cannot be made from AER benefits prior to normal retirement age, and the Deputy...

Source-derived case information.

Citation
[2009] EWHC 226 (Ch)
Parties
Appellant: David Slattery; First Respondent: Cabinet Office Civil Service Pensions; Second Respondent: HM Revenue and Customs
Jurisdiction
England and Wales
Judgment Date
16 February 2009
Procedural Posture
Appeal Under Pensions Schemes Act 1993 Part X / Judgment on Appeal From Deputy Pensions Ombudsman
Outcome
Appeal allowed
Legal Topics
Pension Sharing Orders, Calculation of Pension Debits, Approved Early Retirement, Interpretation of Welfare Reform and Pensions Act 1999, Civil Service Pension Schemes
Pensions Law Family Law Administrative Law Pension Sharing Orders Calculation of Pension Debits Approved Early Retirement Interpretation of Welfare Reform and Pensions Act 1999 Civil Service Pension Schemes

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Parties

David Slattery

Appellant

Cabinet Office Civil Service Pensions

First Respondent

HM Revenue and Customs

Second Respondent

Procedural Posture

Appeal Under Pensions Schemes Act 1993 Part X / Judgment on Appeal From Deputy Pensions Ombudsman

Legal Issues

  1. 1 Whether a Pension Sharing Order (PSO) made on divorce applies to reduce additional benefits received under an Approved Early Retirement (AER) agreement prior to normal retirement age
  2. 2 Whether the Deputy Ombudsman erred in law in finding that the PSO applies to AER benefits

Ratio Decidendi

The requirements of s.31(2)(b) WRPA are not met because the CETV did not include an amount in respect of AER benefits, which were discretionary and not in contemplation at the time of the PSO; therefore, deductions for pension debit cannot be made from AER benefits prior to normal retirement age, and the Deputy Ombudsman erred in law.

Court Disposition

Appeal allowed

Orders

  • Deputy Ombudsman's decision set aside
  • Pension debit deductions not to be made from AER benefits prior to normal retirement age