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The Court of Appeal dismissed an appeal from the High Court, and affirmed a decision that members of a defined benefit pension scheme were guaranteed pension increases in line with the percentage increase in their relevant employment grade, rejecting the employer's contention that such increases were discretionary. The court found that the language of the pension scheme's 2005 amendment clearly indicated an entitlement to these increases, contrasting with the employer's interpretation that suggested a discretionary approach. The court emphasized the importance of the scheme's historical context, including legislative protections for the members' pension rights as former civil servants, and the absence of any language in the 2005 amendment suggesting employer discretion over pension increases.
Defined benefit pension scheme, pension increases, employment grade, discretionary clause, guaranteed entitlement, Court of Appeal, High Court, legislative protections, civil servants, Vodafone Ireland Pension Plan (VIPP), Scheme C members, Rule 10, 2005 Deed, employer discretion, contractual interpretation, collective bargaining agreement, pension entitlements, financial services, pensions ombudsman.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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