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.

Photo: Getty
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Who will win in Manchester Gorton?

Will Labour lose in Manchester Gorton?

The death of Gerald Kaufman will trigger a by-election in his Manchester Gorton seat, which has been Labour-held since 1935.

Coming so soon after the disappointing results in Copeland – where the seat was lost to the Tories – and Stoke – where the party lost vote share – some overly excitable commentators are talking up the possibility of an upset in the Manchester seat.

But Gorton is very different to Stoke-on-Trent and to Copeland. The Labour lead is 56 points, compared to 16.5 points in Stoke-on-Trent and 6.5 points in Copeland. (As I’ve written before and will doubtless write again, it’s much more instructive to talk about vote share rather than vote numbers in British elections. Most of the country tends to vote in the same way even if they vote at different volumes.)

That 47 per cent of the seat's residents come from a non-white background and that the Labour party holds every council seat in the constituency only adds to the party's strong position here. 

But that doesn’t mean that there is no interest to be had in the contest at all. That the seat voted heavily to remain in the European Union – around 65 per cent according to Chris Hanretty’s estimates – will provide a glimmer of hope to the Liberal Democrats that they can finish a strong second, as they did consistently from 1992 to 2010, before slumping to fifth in 2015.

How they do in second place will inform how jittery Labour MPs with smaller majorities and a history of Liberal Democrat activity are about Labour’s embrace of Brexit.

They also have a narrow chance of becoming competitive should Labour’s selection turn acrimonious. The seat has been in special measures since 2004, which means the selection will be run by the party’s national executive committee, though several local candidates are tipped to run, with Afzal Khan,  a local MEP, and Julie Reid, a local councillor, both expected to run for the vacant seats.

It’s highly unlikely but if the selection occurs in a way that irritates the local party or provokes serious local in-fighting, you can just about see how the Liberal Democrats give everyone a surprise. But it’s about as likely as the United States men landing on Mars any time soon – plausible, but far-fetched. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.