The Industrial Cases Reports
[2023] ICR 686
Chancery Division
Devon and Somerset Fire and Rescue Authority v Howell and another
[2023] EWHC 257 (Ch)
2023 Jan 24, 25, 26;
Feb 13
Feb 13
Judge Davis-White KC sitting as a deputy High Court judge
Pensions— Early retirement— Firemen’s Pension Scheme— Scheme giving member right to retire at 50 conditional on permission of employer— Statute increasing normal minimum pension age from 50 to 55— Exception provided where member having “actual or prospective right” to benefit at 5 April 2006— No permission at that date for defendant member to serve early retirement notice— Whether member having “prospective right” to retire at 50—
Finance Act 2004 (c 12), Sch 36, para 22(4)(a)