Pensions, gender reassignment, religion and marriage: MB

The CJEU has ruled in MB v Secretary of State for Work and Pensions [2018] Case C‑451/16, that the previous position in the United Kingdom under which the acquired gender of a transsexual person was not recognised for the purpose of determining the qualifying age for a state pension if that person was and remained party to a subsisting marriage was incompatible with equal treatment under Council Directive 79/7/EEC.

Background

Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security prohibits discrimination on grounds of sex with respect to state benefits, including old age and retirement pensions; Continue reading