February 2009 - Pension Rights for Transsexuals

24/02/2009

Male-to-female transsexuals have rights to be treated in the same way as other female claimants of state retirement pension as a result of a European directive and following the outcome of a case at the European Court of Justice.

However, the 12-month time limit for claiming retirement pension still applies.  The claimants in this particular case were entitled to retirement pension as women.  But the 12-month time limit for claiming retirement pension was held not to be unlawful and so it was not possible for the claimants, who were more than  12 months on from their 60th birthday, to receive full backdating, nor to make a fresh or separate claim.
 
They were entitled to have claims adjusted on the basis of deferment for the period between their 60th birthday and the date the pension actually started.

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