Removal of Default Retirement Age (DRA)

January 2011

Impact on employment

On 13th January the Department of Business Innovation and Skills (BIS) confirmed that the DRA is to be phased out between 6th April 2011 and 1st October 2011.

Currently the DRA enables employers to make staff retire at 65 regardless of their circumstances, but the Government feels the rules must change as people are living longer, healthier lives.

The change means that:

  • From 6th April, employers will not be able to issue any notifications for compulsory retirement using DRA procedure.
  • Between 6th April and 1st October, only people who were notified before 6th April, and whose retirement date is before 1st October can be compulsorily retired using DRA.
  • After 1st October, employers will not be able to use DRA to compulsorily retire employees.

Although the Government is removing the DRA, it will still be possible for individual employees to operate a compulsory retirement age, provided that they can objectively justify it.

Impact on insured group risk benefits

BIS also announced that the government will introduce an exemption to the principle of equal treatment where death in service and income protection (permanent health insurance) are provided by an employer.  The BIS commentary includes medical insurance in the exemption but it is our view that this needs to be clarified. This will permit these benefits to be withdrawn in line with State Pension Age (SPA), initially applying to employees age 65 and above and rising thereafter. The position of self‐insured arrangements is currently unclear.

The exemption means that:

  • Employers will not need to modify their insured group risk arrangements assuming they already conform to the existing equal treatment (Age Discrimination) regulations.

PMI Health Group welcomes this announcement at a time when employers and their employees will need to consider financial protection more than ever before in the face of proposed cuts to the Welfare State.

Further information

Contact your PMI Health Group Advisor.