An unmarried woman whose long-term partner died has won a lengthy legal battle to receive money from her late fiance’s pension in a landmark decision that is likely to improve the pension rights of unmarried couples in the public sector.
Forty-two-year-old Denise Brewster was denied payments from Lenny McMullan’s pension as he failed to nominate her on a form.
In 2009 McMullan, from Coleraine, Northern Ireland, died suddenly from a haemorrhage at the age of 43 just two days after they got engaged.
Brewster argued that she was the victim of “serious discrimination”.
If Brewster and McMullan had been married she would have automatically shared the pension that he had built up.
Brewster, a lifeguard from Coleraine, and Lenny McMullan lived together for 10 years and owned their own home. They both paid into the pension pot.
She won her case at the UK’s highest court. The Supreme Court ruled that she was entitled to money under the scheme.
Nurses, teachers, civil servants, police and fire officers all have to fill in a nomination form if they want their partners to share in their pension if they die.
In this case, the form has been condemned as “unlawful discrimination” by the Supreme Court because you do not have to fill it in if you are married.
