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Equal pay: Part-timers can backdate pension entitlement to 1976

This report relates to 1 case(s)

Periods of service completed by part-time workers who, just because they worked part time, were deprived of a status conferring the right to additional pension benefits must, for the purposes of calculating that entitlement, be taken into account as from 8 April 1976, rules the European Court of Justice in Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services 11.12.97 Case C-246/96. The ECJ also rules that the two-year limitation on backdated membership of an occupational pension scheme laid down by UK law does not apply to a claim based on Article 119 for recognition of the right to full membership of such a scheme.

Ms Magorrian and Ms Cunningham ("the applicants") were employed by the Eastern Health and Social Services Board as psychiatric nurses.