In 2018, the European Court of Justice ruled that individual members should receive at least 50 per cent of the value of their accrued old age pension if the employer responsible for funding the scheme they’ve paid into fails.

The vast majority of PPF and Financial Assistance Scheme (FAS) members already receive compensation in excess of 50 per cent of their accrued old age benefits.

This means the number of members affected by this ruling is very small.

Frequently asked questions about the ECJ ruling

Below you'll find information to help you understand the ruling and find out how it will impact you.

Frequently asked questions for PPF members

Get help with the most common questions on the ruling for PPF members.

FAQs on the ECJ ruling for PPF members

 

Frequently asked questions for FAS members

Get help with the most common questions on the ruling for FAS members.

FAQs on the ECJ ruling for FAS members

 

The latest updates on the ECJ ruling

In May 2020 the Administrative Court heard a challenge brought against us by a number of members to the way we’re implementing the ECJ ruling, and to the lawfulness of the PPF compensation cap. 

On 22 June the court ruled that our approach of making a one-off calculation is permissible. However over the course of their lifetime each individual, and separately each survivor, must receive at least 50% on a cumulative basis of the actual value of the benefits that their scheme would have provided. 

The ruling found that the PPF compensation cap is unlawful on grounds of age discrimination. 

We lodged an appeal on 20 August 2020 against the ruling on:

  • the approach we may adopt to meet the requirement for members to receive 50% of the value of their entitlement 
  • how survivors’ benefits should be dealt with 

The Department for Work and Pensions (DWP) has lodged an appeal against the ruling on the cap.

The hearing on our request for permission to appeal the judgment in the Hughes judicial review took place 4 – 7 May 2021. We may not receive the outcome for some time. In the meantime, we’ll continue to pay members their current level of benefits. We won’t pay any arrears due, to avoid the risk of us having to recover any overpayments we may have made to members if the court decides that we must take a different approach to calculating the increase.

There's been media speculation that the result of the Administrative Court’s judgment could have a knock-on effect on members whose compensation has been fixed at 90% because they hadn’t reached their normal pension age when their employer failed. The 90% measure wasn’t tested in this case although the court did comment that the impact on those affected, although significant, doesn’t render the measure inappropriate or unnecessary. Like the compensation cap, the 90% measure is set for us by DWP and the government, balancing the needs of members and the needs of levy payers.

You'll find regular updates about the progress we are making in our latest news section.