Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Latest NewsEconomics, government & businessDepartment for Work and PensionsHR practicePay & benefits

Experts question legal basis of decision to scrap ‘rule of 85’

by Personnel Today 21 Mar 2006
by Personnel Today 21 Mar 2006

The government’s main argument for scrapping the right of local government workers to claim full pension benefits at 60 has been called into question by legal experts.

The Local Government Pension Scheme’s so-called ‘rule of 85’ allows members whose age plus years of service add up to 85 to retire with full rights at 60, rather than wait until they are 65.

Last week, council workers voted for the UK’s biggest industrial action since the General Strike of 1926, in protest at plans to scrap the rule for new members and those aged 60 after 31 March 2013. Up to 1.5 million staff – from cooks to refuse collectors – will stage a walkout on 28 March following the national ballot of eight unions.

The government insists the rule breaches forthcoming age discrimination legislation because people with the same length of service could be treated differently depending on their age.

But James Davies, partner at law firm Lewis Silkin, said it was unclear whether the rule of 85 would actually breach the laws, due to come into effect from 1 October.

“The rule of 85 is not that different to other exemptions on pension schemes set out in the draft regulations,” he said. “It is open to question whether the rule would be unlawful.”

Michael Calvert, head of pensions at law firm Reed Smith, said scrapping the rule was “a red herring”.

“There are obvious public policy reasons for ending this practice,” he said. “The government could let the practice continue, but it wants to end this costly benefit.”

A European Commission spokeswoman on employment, social affairs and equal opportunities, recently said the directive had no influence on pension value or age.

The unions said using the age directive for ending the rule of 85 was just “a cover” for its “attack on local government pensions”.

However, the Employers Forum on Age said that as schemes such as the rule of 85 were not specifically exempted, they could be viewed as discriminatory.

With less than a week until the pensions strike, local government HR directors have been preparing contingency plans. These include agreeing exemptions with unions on certain critical services.

For our Pensions Watch, go to http://www.personneltoday.co.uk/Articles/2006/02/28/33735/Pensions+Watch+changes+to+occupational+pension+schemes.htm

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.


Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Personnel Today Awards: The main event of 2006
next post
Cumbria NHS trust to compensate under paid women workers by £60m

You may also like

MPs demand Home Office tighten visas to protect...

4 Jul 2025

100% success for latest large-scale four-day week trial

3 Jul 2025

NHS 10-year Health Plan sets out vision for...

3 Jul 2025

Microsoft to cut 9,000 jobs globally as role...

3 Jul 2025

Decline in workplace deaths: falls from height remain...

3 Jul 2025

How can HR prepare for changes to the...

3 Jul 2025

Data skills gap getting in way of AI...

3 Jul 2025

Top 10 HR questions June 2025: Redundancy consultation

2 Jul 2025

Aircrew with cancer pursuing MoD for compensation –...

2 Jul 2025

Living wage pushes up spring pay settlements

2 Jul 2025

  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+