KB v National Health Service Pensions Agency [2004] C-117/01

In brief

The applicant, KB, and her partner (a trans man R) were prevented by UK law from marrying because trans people could not alter their legal sex. This excluded R from the survivor's benefit under KB's NHS pension scheme, which was only payable to a spouse. The ECJ held that excluding such a couple from benefits, in circumstances where they could not marry solely because of their inability to obtain legal recognition of R's acquired sex, was incompatible with Article 141 EC (equal pay) read with Directive 75/117. Member States must provide a means for trans persons to marry in their acquired sex to avoid indirect sex discrimination.

Key provisions

• paras-30-36 — Exclusion from spousal benefits as indirect sex discrimination : Legislation that prevents a couple from marrying (and thereby from accessing survivor's benefits) solely because one partner cannot have their acquired sex legally recognised constitutes indirect discrimination on grounds of sex, incompatible with Article 141 EC and Directive 75/117.

When relevant

Cases concerning partner/family rights where trans status affects eligibility, Arguments about the consequences of lack of legal recognition, Historical context for GRA 2004 enactment