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Working beyond normal retirement age (NRA): what benefits should be offered?
What to offer to people who work beyond NRA is a benefit design issue. However, the basic position is that such employees should be entitled to continue to accrue benefits on the same basis as those who are still below NRA. The removal of benefits from members above a certain age is likely to amount to direct age discrimination.
Unlike other areas of discrimination law, it is possible to objectively justify direct as well as indirect age discrimination (as a proportionate means of achieving a legitimate aim). However, cost alone is not a sufficient justification.
Author: Georgina Jones