Part Time Pensions and the European Court
A judgement of the European Court of Justice opens the way for thousands of teachers to claim backdated membership of the Teachers` Pension Scheme.
Excluded
The NUT`s case was pursued through a consortium with other unions on behalf of some 60,000 workers who had been excluded from joining occupational pension schemes. The teachers concerned included particular categories of parttime teachers, home tutors, supply teachers and retired teachers who had returned to parttime teaching.
Test Cases
To pursue its case, the NUT had claims from over 400 NUT members. Four members` claims were considered in the test case. Two were parttime teachers who had lost many years of service from their superannuation records. One was a supply teacher, excluded from the pension scheme because her pay was calculated on an hourly rate. The fourth was a home tutor, again excluded because of the way her pay was calculated. Now these and other teachers in similar positions can pursue their claims for backdated compensation and for their membership of the teachers` scheme during the years in question to be properly recognised.
The European Court of Justice further found UK legislation providing for backdating only for up to two years should not be binding in respect of these claims. Equality of pay and pension entitlement was a fundamental principle of European law. Those who had suffered discrimination in pension entitlement should have their parttime teaching service included as reckonable service.
NUT members in Suffolk who have worked parttime or on supply and who, over any period, have been excluded from membership of the Teachers` Pension Scheme should contact the Eastern Region NUT Regional Office.
Suffolk NUT proposed to the LEA in the Teachers' JNC on 17th May 2000 that all those on fixed-term, temporary and supply contracts should be automcatically "opted in" to superannuable service with effect from September 1st 2000. The proposal was well received but no undertakings were given.