Our Scheme does have identical provisions specifying equal shares of liability for both pensioners and non-pensioners. But even if it didn’t, I’d set out to the VT (who will be familiar with J/S liabilities) that the total CTS award can’t exceed the total liability and that where one party already gets CTS on half there can only be half left for the other. It would be tidier if the scheme specified this, and you might want to amend the scheme to that effect, but I think that logically it can only work as 50/50.
