Willis And Others V The Pensions Ombudsman And Emer Lawlor

The judgment of President Kearns in the case of Willis and Others v. The Pensions Ombudsman and Emer Lawlor [2013] IEHC 352 was delivered on 22 July 2013 in the High Court. In summary, the High Court rejected the appeal of the trustees (the "Trustees") of the Irish Blood Transfusion Service Superannuation Fund (the "IBTS Scheme") against a final determination of the Pensions Ombudsman (the "Ombudsman"). The Ombudsman had determined that the Trustees had been incorrect in reducing the pension entitlements of a member of the IBTS Scheme, after her salary had been reduced pursuant to section 2 of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (the "Act").

Background

Section 2 of the Act introduced cuts in the remuneration of public servants. Section 3 of the Act provided that section 2 was to be disregarded for...