Devon and Somerset Fire and Rescue Authority v Howell

Subject Matter

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)

[2023] EWHC 257 (Ch); [2023] ICR 686; [2023] WLR(D) 82, Ch D