The High Court has ruled, in the case of Vaitkus and others v Dresser-Rand UK Ltd and another, that a notice issued to female members in 1991 was effective to equalize the pension scheme's normal retirement age to age 65 for both male and female members. This was despite a conflicting provision in a subsequent trust deed and rules executed in 1992.

The case was quite specific to its facts: the judge found that the 1991 announcement constituted a valid amendment to the pension scheme rules in accordance with the interim deed in place in 1988, and that, as provisions of the later 1992 trust deed and rules artificially backdated their effective date to the date of the interim deed, the terms of the announcement were not overridden by the contrary provisions in the 1992 trust deed and rules.

This case comes in a long line of cases dealing with equalization approaches in the early 1990s is an example of where equalization was deemed to be effective.