Preservation of Pension Scheme Integrity Confirmed: Regulation C9's Compatibility with Article 12 in Green & Others v Commissioner of Police

Introduction

The case of Green & Ors v The Commissioner of Police of the Metropolis ([2022] EWCA Civ 1686) examines the compatibility of certain provisions within the Police Pensions Regulations 1987 (PPR87) with the European Convention on Human Rights, particularly Article 12, as incorporated into UK law by the Human Rights Act 1998. The appellants, comprising widows and a widower of deceased police officers, challenged Regulation C9(3) of PPR87, which stipulates the cessation of pension benefits upon remarriage, formation of a new civil partnership, or cohabitation with a new partner. This commentary delves into the court's comprehensive analysis, legal reasoning, and the implications of its decision on future jurisprudence and police pension schemes.

Summary of the Judgment

The England and Wales Court of Appeal (Civil Division) upheld the decision of the lower court, dismissing the appeal lodged by the survivors of deceased police officers. The central issue revolved around whether Regulation C9(3) of the PPR87 infringed upon the appellants' Article 12 rights—their right to marry and found a family. Regulation C9(3) dictates that pension benefits to widows or civil partners cease if they remarry, enter a new civil partnership, or cohabit with a new partner. The court concluded that Regulation C9 does not impair or injure the essence of the right to marry, nor does it substantially interfere with or unreasonably inhibit it. Consequently, the regulation was deemed compatible with Article 12 of the European Convention on Human Rights.

Analysis

Precedents Cited

The judgment extensively analyzed several key precedents to determine the compatibility of Regulation C9 with Article 12:

Baiai v Secretary of State for the Home Department [2008] UKHL 53: Established that national laws governing the right to marry must not impair the essence of this right.
O'Donoghue v United Kingdom (2011) 53 EHRR 1: Affirmed that measures beyond preventing marriages of convenience are incompatible with Article 12.
F v Switzerland (1987) 10 EHRR 411: Highlighted that prohibitions affecting the essence of the right to marry are disproportionate.
Goodwin v United Kingdom (2002) 35 EHRR 18: Emphasized the recognition of changing social conditions in the application of human rights standards.
R & F v United Kingdom App No. 35748/05: Demonstrated that measures indirectly affecting marriage may fall under Article 12 if they impair the right’s essence.

Additionally, the judgment considered cases under Article 14 (prohibition of discrimination) to address claims related to discrimination in pension benefits.

Legal Reasoning

The court employed a "Basic Four-Stage Proportionality Discipline," adapted from established proportionality tests in human rights jurisprudence. This framework assesses:

The legitimacy of the objective pursued by the regulation.
The rational connection between the measure and its objective.
The measure’s intrusiveness and whether a less intrusive measure could achieve the same objective.
The balance between the measure’s severity and the importance of the objective.

In scrutinizing Regulation C9(3), the court found that:

The regulation serves a legitimate objective of maintaining the integrity and financial sustainability of the pension scheme.
There is a rational connection between ceasing pension benefits and the prevention of financial dependency that might arise from remarriage or new partnerships.
The measure is not more intrusive than necessary, as alternative provisions (like the National Police Pension Scheme) offer survivors the option to receive lifelong pensions under different terms.
The benefits of maintaining scheme integrity and fairness outweigh the alleged restrictions on the right to marry.

The court also recognized the socio-economic context, noting that the cessation of pension benefits was inherent to the contributory nature of the scheme and not a punitive measure against personal relationships.

Impact

This judgment reinforces the principle that pension schemes, especially those with a contributory basis like the PPR87, possess a degree of autonomy in setting and maintaining their rules. The decision underscores the court's deference to legislative and administrative authorities in matters of social and economic policy, provided they do not fundamentally infringe upon protected rights.

Future cases involving pension regulation and human rights will likely reference this judgment to balance individual rights against the collective interests of pension scheme sustainability. Additionally, it clarifies the boundaries of Article 12, asserting that not all personal life decisions (like remarriage or cohabitation) will inherently trigger a breach of the right to marry under human rights law.

Complex Concepts Simplified

Article 12 of the European Convention on Human Rights

Article 12 protects the right of men and women of marriageable age to marry and found a family. This right is subject only to national laws governing its exercise, meaning that while individuals have the right to marry, the state can impose regulations on how this right is practiced, provided they do not undermine its fundamental essence.

Regulation C9(3) Explained

Regulation C9(3) of the Police Pensions Regulations 1987 stipulates that the widows or civil partners of deceased police officers will lose their pension benefits if they remarry, enter a new civil partnership, or cohabit with a new partner. The purpose is to prevent duplication or redundancy in pension entitlements and maintain the financial viability of the pension scheme.

Proportionality Test

A legal standard used to determine whether the interference with a right is justified. It involves balancing the importance of the objective against the degree to which it infringes upon the protected right. In this case, the court assessed whether the cessation of pension benefits upon remarriage or cohabitation was a proportionate measure to achieve the scheme's objective.

Conclusion

The Court of Appeal's decision in Green & Ors v The Commissioner of Police of the Metropolis upholds the integrity and sustainability of contributory pension schemes within public services. By affirming that Regulation C9(3) does not infringe upon the appellants' Article 12 rights, the court delineates the boundaries between individual human rights and collective socio-economic policies. This judgment serves as a significant reference point for future legal challenges involving pension regulations and human rights, emphasizing the necessity of balancing individual entitlements with the broader interests of public policy and financial stewardship.