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Transsexuals' pension benefits to ECJ

This report relates to 1 case(s)

In KB v National Health Service Pensions Agency and Secretary of State for Health the Court of Appeal has referred to the European Court of Justice a question as to whether the NHS pension scheme is contravening EU law by excluding a female nurse's female-to-male transsexual partner from the right to a survivor's pension because they are not legally married, although they went through a form of marriage ceremony.

The nurse is claiming that this discriminates on grounds of sex, as well as violating her right to private and family life. The Government's argument is that an employer is not required by EU law to treat a relationship between a transsexual and a person of the same biological (that is, un-reassigned) sex as equivalent to marriage.