Police Pension Scheme 2015 – the legal position
11 August 2015
A number of frequently asked questions have been developed to help explain the steps taken by the PFEW in considering a legal challenge to the introduction of the 2015 Career Average Re-valued Earnings (CARE) scheme and the transitional provisions.
Throughout the pension reform process PFEW has listened to the views and concerns of members and the Pension Challenge group, and we have taken advice from our lawyers and from leading counsel about the legality of the Government’s changes. We have recently taken further advice from leading counsel as to whether the position has changed or is affected by the publication of the Police Pensions Regulations 2015.
All possible challenges have been considered including:
• public law (judicial review: but being primary legislation, this is not subject to this);
• European law and Human Rights law (in several recent cases the European Court of Human Rights has not been swayed by arguments that those on the public service have had to bear the brunt of economic reform);
• and discrimination. (The key challenge here considered was whether these pension changes would be age discrimination: however, the law states that age discrimination can be justified as a proportionate means to a legitimate end, and it is likely to be considered as such in this instance).
At this time, we will therefore not be challenging the introduction of the Police Pension Scheme 2015. However, we will continue to monitor how the scheme operates in practice and we maintain an open mind should circumstances change that give rise to a potential successful legal challenge.
You can read the FAQs here.