The Court of Appeal has recently upheld an appeal by Mrs Jane Langford, the unmarried partner of Air Commodore Green who died in 2011. Under the rules of the Armed Forces Compensation Scheme (AFCS), Mrs Langford was unable to claim an unmarried partner benefit from the AFCS as she remained married at the time of AC Green’s Death. The Court of Appeal has ruled Mrs Langford should be eligible to receive benefits.
The condition that a survivor is free to marry or enter into a civil partnership is a feature of public service pension schemes. SPPA is considering the judgment, which could impact on the public service pension schemes with similar provisions it administers. The UK Government is also considering the implications, including a possible appeal to the Supreme Court.
The judgment is published here.