Equal marriage isn't totally equal when it comes to pensions

A hang-over from civil partnerships keeps same-sex couples different in the eyes of the law.

Moneybox's Paul Lewis points out on Twitter an interesting quirk of the Marriage (Same-Sex Couples) Bill: when it comes to pensions, it's not entirely equal.

Paragraph 123 of the explanatory notes reads:

Paragraph 18 of Schedule 9 to the Equality Act 2010 provides that it is not discrimination because of sexual orientation to restrict access to a benefit, facility or service that would be available to a person who was married, to someone who is in a civil partnership in relation to rights accrued before 5 December 2005 (the date the Civil Partnership Act came into force). This means that an occupational pension scheme as a minimum only has to provide survivor benefits to civil partners on rights accrued since that date. Paragraph 15 removes the word married from sub-paragraph (1) and inserts a new sub-paragraph (1A) in paragraph 18 of Schedule 9 to the Equality Act 2010. This extends the exception so that it also applies to same sex couples in the same way as to civil partners.

That is: if you are married to someone of the same sex, your marriage is qualitatively different in at least one (potentially very important) way. Any pension benefits accrued before 5 December 2005 are allowed to continue to ignore same-sex marriages.

The reasoning behind the rule is obvious. When pension funds were estimating the costs of providing couples' benefits, a small but significant part of the estimation will have been based on the fact that any gay members of the pension plan would never be able to claim those benefits. When civil partnerships were introduced, it was decided it would be more trouble than it was worth to force those funds to treat civil partnerships as marriages; and now, since the Marriage (Same-Sex Couples) Bill is essentially just a provision for changing the name of civil partnerships, the same rule is being carried over.

It's important to note that the rules are just the minimum, so most pension funds will presumably do the right thing and cover married couples equally regardless of gender. And obviously eventually the difference will be moot. But the desire to take the easy way out may end up hurting a few couples just when they're at their most vulnerable. Hopefully an amendment will change this rule and restore equality to equal marriages.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Newsgroup Newspapers Ltd/Published with permission
Show Hide image

Everything that is wonderful about The Sun’s HMS Global Britain Brexit boat

And all who sail in her.

Just when you’d suffered a storm called Doris, spotted a sad Ukip man striding around the Potteries in top-to-toe tweed, watched 60 hours of drama about the Queen being a Queen and thought Britain couldn’t get any more Brexity, The Sun on Sunday has launched a boat called HMS Global Britain.


Photo: Newsgroup Newspapers Ltd/Photos published with permission from The Sun

Taking its name from one of Theresa May’s more optimistic characterisations of the UK post-Europe (it’s better than “Red, white and blue Brexit”, your mole grants), this poor abused vessel is being used by the weekend tabloid to host a gaggle of Brexiteers captained by Michael Gove – and a six-foot placard bearing the terms of Article 50.

Destination? Bloody Brussels, of course!

“Cheering MPs boarded HMS Global Britain at Westminster before waving off our message on a 200-mile voyage to the heart of the EU,” explains the paper. “Our crew started the journey at Westminster Pier to drive home the clear message: ‘It’s full steam ahead for Brexit.’”

Your mole finds this a wonderful spectacle. Here are the best bits:

Captain Michael Gove’s rise to power

The pinnacle of success in Brexit Britain is to go from being a potential Prime Minister to breaking a bottle of champagne against the side of a boat with a fake name for a publicity stunt about the policy you would have been enacting if you’d made it to Downing Street. Forget the experts! This is taking back control!


 

“God bless her, and all who sail in her,” he barks, smashing the bottle as a nation shudders.

The fake name

Though apparently photoshopped out of some of the stills, HMS Global Britain’s real name is clear in The Sun’s footage of the launch. It is actually called The Edwardian, its name painted proudly in neat, white lettering on its hull. Sullied by the plasticky motorway pub sign reading “HMS Global Britain” hanging limply from its deck railings. Poor The Edwardian. Living in London and working a job that involves a lot of travel, it probably voted Remain. It probably joined the Lib Dems following the Article 50 vote. It doesn’t want this shit.

The poses

All the poses in this picture are excellent. Tory MP Julian Brazier’s dead-eyed wave, the Demon Headmaster on his holidays. Former education minister Tim Loughton wearing an admiral’s hat and toting a telescope, like he dreamed of as a little boy. Tory MP Andrea Jenkyns’ Tim Henman fist of regret. Labour MP Kate Hoey’s cheeky grin belied by her desperately grasping, steadying hand. Former Culture Secretary John Whittingdale’s jolly black power salute. And failed Prime Ministerial candidate Michael Gove – a child needing a wee who has proudly found the perfect receptacle.

The metaphor

In a way, this is the perfect representation of Brexit. Ramshackle, contrived authenticity, unclear purpose, and universally white. But your mole isn’t sure this was the message intended by its sailors… the idea of a Global Britain may well be sunk.

I'm a mole, innit.