Landmark Supreme Court Victory Affects Millions

Supreme Court rules unmarried woman can access her deceased partner’s pension

Background of the Case

A Coleraine woman who was denied survivor’s pension payments from her late long-term partner’s occupational pension scheme has won a unanimous ruling at the Supreme Court. Five Justices confirmed she is entitled to receive payments under the Local Government Pension Scheme.

Details of the Ruling

Denise Brewster (42), from Coleraine, Northern Ireland, had lived with her partner, Lenny McMullan, for ten years. They were engaged on Christmas Eve 2009, and he tragically passed away between Christmas night and the early hours of Boxing Day. Although Mr. McMullan had contributed to the Northern Ireland Local Government Pension Scheme (Nilgosc) for 15 years, Ms. Brewster was denied automatic survivor benefits because they were not married and he had not completed the required nomination form.

The scheme’s regulations state that:

• Married partners automatically receive a survivor’s pension.
• Unmarried partners must “opt in” by submitting a joint declaration to Nilgosc.

Nilgosc refused to pay out because the signed nomination form was never submitted. The High Court initially ruled in Ms. Brewster’s favor, but the decision was overturned on appeal—until now.

Impact and Wider Implications

Gareth Mitchell of Deighton Pierce Glynn explained that this ruling “could affect millions of cohabiting families”. With around one in six UK families choosing to live together without marrying, experts say reform was long overdue.

This decision also sets a precedent for discrimination complaints based on marital status in other contexts. As Mr. Mitchell noted: “This is a decision of the Supreme Court of the UK and it affects the whole of the UK.”

Advice for Couples

Jim Black of the Workers of England Union cautioned that different pension schemes have varied criteria. His advice:

• Know your scheme: Understand exactly what you’re paying into.
• Check your rights: Don’t wait until retirement to discover potential issues.
• Act early: Ensure any required nomination forms or declarations are completed in good time.

Further Reading

Explore related guidance and case studies:

• Survivor Pension Rights Explained
• Cohabiting Families: Your Rights Guide
• Marital Status Discrimination Case

For an in-depth look at this landmark decision, visit the full case details on Workers of England Union News.