Transsexual pensions

Transsexuals should get the right to survivors' benefits from their partner's pension following a recent European Court of Justice ruling.

A female employee - whose partner had undergone gender reassignment to become a man - challenged the NHS pension scheme rule that provides survivors' benefits to married couples only. The couple are unable to marry under current UK law.

The employee took a claim that the marriage rule was contrary to EU discrimination law and the ECJ agreed. The case will now go back to the UK courts to decide on the form their rights should take.

* The case is KB v NHS Pensions Agency and Secretary of State for Health C-117/01