Cripps v Trustee Solutions Ltd [2007] EWCA Civ 771 (26 July 2007)

Cripps v Trustee Solutions Ltd [2007] EWCA Civ 771 (26 July 2007)

Section 73(3)(b) of the Pensions Act 1995, as modified by European law, applies only to pension and other benefits in payment or payment of which a member has a right to demand by virtue of Barber window service, not to all benefits accrued outside the Barber window where the NRD has not been reached.

Citation
[2007] EWCA Civ 771
Parties
Appellant: Julia Cripps; 1st Respondent: Trustee Solutions Ltd; 2nd Respondent: Stephen Patrick Comar; 3rd Respondent: Keith James Edwards; 4th Respondent: Leslie Dubery
Jurisdiction
England and Wales
Judgment Date
26 July 2007
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Statutory Construction, Pension Scheme Winding Up, Equal Treatment of Men and Women, Order of Priority in Pension Liabilities, Interpretation of Pensions Act 1995 S 73
Pensions Employment European Law Statutory Construction Pension Scheme Winding Up Equal Treatment of Men and Women Order of Priority in Pension Liabilities Interpretation of Pensions Act 1995 S 73

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Parties

Julia Cripps

Appellant

Trustee Solutions Ltd

1st Respondent

Stephen Patrick Comar

2nd Respondent

Keith James Edwards

3rd Respondent

Leslie Dubery

4th Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether entitlement to payment under s 73(3)(b) of the Pensions Act 1995 includes all pension benefits accrued by a member who has reached the Barber window NRD, or only those benefits accrued within the Barber window period.

Ratio Decidendi

Section 73(3)(b) of the Pensions Act 1995, as modified by European law, applies only to pension and other benefits in payment or payment of which a member has a right to demand by virtue of Barber window service, not to all benefits accrued outside the Barber window where the NRD has not been reached.

Court Disposition

Appeal allowed

Orders

  • Declaration substituted: Members with the right to retire at age 60 in respect of any part of their service and aged 60-64 at winding up fall within s 73(3)(b) only for Barber window benefits, not for benefits accrued by service to which NRD at age 65 applied.