Landmark Ruling For BMA - Association Wins Case Over GPs' Pensions, UK

Main Category: Primary Care / General Practice
Article Date: 14 Mar 2008 - 3:00 PDT

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In a landmark judgment, the British Medical Association (BMA) has won its case against the government's action in reneging on its decision on how GPs pensions would be calculated from the years 2004 - 06.

In a Judicial Review, High Court Judge Mr Justice Mitting has decided that the government behaved unlawfully in 2006 when the Secretary of State for Health retrospectively introduced a limit on the amount retiring GPs could receive in their NHS pensions.

Dr Hamish Meldrum, Chairman of BMA Council, said: "We are delighted that the BMA has been vindicated in its decision to challenge the government on the retrospective capping of GPs' pensions.

"We now look to the government to give GPs the pensions they have worked and paid for* and to honour the agreement reached with the BMA during contract negotiations."

Law firm Irwin Mitchell represented the BMA with Richard Gordon QC and Maya Lester of Brick Court Chambers as Counsel. The hearing took place over two days (Wed 12 and Thursday 13 March 2008) at the High Court, London.

The BMA was awarded its legal costs.

*Most GPs are self employed. They pay both the employers' and the employees contributions into the NHS pensions scheme.

GP pensions are calculated, under a career earnings scheme, using a dynamising factor (a way of bringing the pension contributions paid by GPs over the years up to present day values) which the government capped in December 2006. This had the effect of reducing the pensions of GPs, particularly those who had recently retired or were about to retire.

http://www.bma.org.uk