‘Rule of 85’ on last legs as judge rejects Unison bid for judicial review of local government retirement benefit

Unison has failed in its bid for a judicial review of the government’s plans to axe the ‘rule of 85’ in the Local Government Pension Scheme (LGPS).

The government wants to abolish the so-called ‘rule of 85’,which allows workers to retire early on a full pension if their age and years of service add up to 85. It claims the rule breaches the new age discrimination regulations – a point disputed by the union.

In his rejecting the application, judge Andrew Nichol agreed with the Department for Communities and Local Government (DCLG) that the consultation process was not flawed.

However, the union has vowed to continue its campaign.

“Unfortunately we lost the case,” said Unison’s head of local government Heather Wakefield. “While this is very disappointing, we do not intend to let it knock us off track in our campaign for a fair deal for LGPS members.

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Talks are continuing with employers and the Local Government Association on their response to consultation over the new-look scheme, which will replace the current pension arrangements.

Last month the union dropped its application for a judicial review of the government’s decision to outsource the NHS’s supply and delivery work to logistics firm DHL.