The DWP has published a consultation document, seeking views on key issues that have been raised by the pensions industry since the implementation of the pensions-related aspects of the age discrimination legislation which came into force back in December 2006.

Since the implementation of the Age Regulations, a number of issues continue to arise for employers, trustees and the pensions industry, in relation to: 

  • the interaction between the regulations and the increasing desire to allow older workers some flexibility in how they work as they approach retirement; and 
  • the provision of death benefits beyond a scheme’s normal pension age.

In the consultation document, the DWP says that ‘it is not possible for Government to offer any solutions or exemptions at this time … without a fuller understanding’ of the problems schemes are experiencing as a result of the age legislation and related guidance. The DWP is therefore asking the pensions industry to bring to its attention examples of areas where the age legislation is causing concern, both in relation to defined benefit and defined contribution schemes. There is a limited consultation period, running from 1 October to 7 December 2007, at the end of which the DWP ‘will consider all responses and what further action, if any, will be taken by DWP as a result’.

The consultation paper appears on the DWP website at