DPF Briefing

July 2001

Pre-1975 Armed Forces Service

For many years former servicemen excluded from military pension rights for their time spent in the Armed Forces prior to 1975 have been campaigning against this injustice. The Government has always refused to budge on grounds of cost.

Recently an Action Group was formed from among ex servicemen each paying over £200 to a firm of solicitors who agreed to take on the case, albeit with no guarantee of success. When this group first gained prominence a few years ago the main Civil Service Unions obtained legal advice which indicated that this issue could not be successfully pursued through the Courts. The firm of solicitors used by the Unions was Thompsons who advise and represent DPF.

It is understood that this Action Group are seeking to challenge the Government’s position by using European law. The Union believe there would be grave difficulties with a claim founded on Article 119 of the Treaty of Rome The Treaty only has direct effect after April 1976 and of course the substance of the claim relates to pre-1975 service. The Government will argue that the transfer rights introduced by the Social Security Pensions Act 1975 applies to everyone and every pension scheme. The Armed Forces Scheme was amended to meet the requirements of the Social Security legislation, and improved arrangements were introduced which provided for the preservation of accrued benefits and for transfer of those preserved benefits to other pension schemes. The changes were not, however, retrospective.

The general view which continues to be held by the Unions and others is that the case will not succeed. Further information will be published in due course.