This is a preview. To continue reading please log in or Register to read this article

Two-year limit on pension retrospection unlawful

This report relates to 1 case(s)

In Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services the European Court of Justice has ruled that the Barber decision, which limits retrospection of pension benefits to 17 May 1990, does not apply to part-time workers excluded from full occupational pension benefits and that UK legislation which limits entitlement to obtain full membership of an occupational pension scheme to two years prior to commencement of proceedings is contrary to EC law.

The applicants began employment as full-time workers, but transferred to part-time work when they had children.