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JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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Is it legal that a private pension scheme can be subject to

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Is it legal that a private pension scheme can be subject to actuarial reduction if the spouse or dependent is more than 10 years younger than their deceased partner. Is it not the case that this is discrimination against a spouse or partner who is say 11 or 15 years younger than the deceased? When one chooses a partner one should not have to search for a partner who is 10 years younger before you commit yourself. In this day and age many people commit themselves to partners who are much older than themselves. I have been with my partner for 16 years and she is 20 years younger than me. Should she be discriminated against for this by my private pension if I precede her?
Thank you for your question.
This is not unlawful and is a feature of many private pension schemes so as to limit the scheme's liability against a claim by a young partner on death. It may appear to be discriminatory but if it's written into the scheme it becomes a matter of contract to be accepted, or not, at the time of inception.
At present, there is nothing illegal about such schemes, although I do understand why you might think it should be.
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