News - Wedlake Bell

Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT FROM THE COURTS FORTHCOMING COURT DECISIONS THE ROAD AHEAD OTHER MATTERS

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Are you ready for the next auto-enrolment change?

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Justin McGilloway’s comments have been published in The Times

The article was first published by The Times on December 1, 2018. Women win first battle over pension age discrimination Older women were unfairly discriminated against by a £5 billion … Read more →

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TPR warnings about master trusts

On 1 October 2018 legislation which regulates UK master trusts is due to come into force. From 1 October, in order to continue operating, a master trust will either: need … Read more →

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Pensions Ready Reckoner – September 2018

Pensions Ready Reckoner Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Recent Legislation Enacted Effect Data … Read more →

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Pensions Compass – September 2018

A lot has happened since our last edition of Pensions Compass in July, including the hottest summer ever recorded in England! The pensions and employee benefits industry remains just as … Read more →

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Insolvency and Directors Duties: change is coming….

On 26 August 2018 the Department for Business, Energy and Industrial Strategy (“BEIS“) published the Government’s response to the consultation on measures designed to improve corporate governance within companies which … Read more →

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Local authority pension funds investing more than £9 billion in the global fracking industry

Summary New data and reports have suggested that local authority pension funds across the UK have invested over £9 billion in the international fracking industry. News about this has come … Read more →

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British Airways: Court of Appeal defines the proper purpose of an occupational pension scheme and narrows the role of pension scheme trustees

British Airways (“BA“) has successfully appealed against the BA pension scheme Trustees’ award of pensions increases. The Court of Appeal reversed the High Court decision in favour of the Trustees … Read more →

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£800m buyout of new BHS pension scheme

Pensions Insurance Corporation has announced an £800m buyout of the new BHS pension scheme, BHS2, on 12 August. BHS2 members were approximately 9,000 BHS pension scheme members who did not … Read more →

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Pensions ombudsman determination: Northumbria police authority failed to meet anti-fraud duties relating to transfer out

Summary This determination involved Mr “N” who transferred his pension pot from the Police Pension Scheme (“PPS“) to the London Quantum Scheme (“LQS“) in 2014. (Note that LQS is not … Read more →

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In Counsel – Summer 2018

Welcome to the Summer edition of our In Counsel publication In this update we will outline the most recent legal developments affecting your business, in particular, the implications of the … Read more →

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Pensions Compass – July 2018

It’s been a scorching start to the summer, and we hope you’re all managing to make the most of the unprecedented weather! In the background the pensions industry has … Read more →

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Pension scams and the latest Code of Good Practice

It has been estimated that in the region of £1bn of pension savings has been lost to scams (and $42m of this has gone missing since the pension freedom and … Read more →

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Pensions Ready Reckoner – June 2018

Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Legislation Enacted Effect Finance Act 2018 15 March 2018 … Read more →

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Dixons Carphone in the spotlight

Geoffrey Budd, Chairman of the trustee of the Dixons Carphone defined benefit pension scheme, was the recipient of a letter from Frank Field dated 1 June this year. The letter … Read more →

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Auto-enrolment inducements – the sole or main purpose test

In Kostal UK Ltd v Mr D Dunkley and Others[1] the Employment Appeal Tribunal (EAT) has upheld an employment tribunal’s decision that an employer had unlawfully induced workers to vary … Read more →

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THE PENSIONS REGULATOR INVESTIGATES RECRUITMENT FIRM, WORKCHAIN LTD, IMPERSONATING ITS STAFF TO OPT-OUT OF AUTO-ENROLMENT

A recent investigation by TPR has found managers and directors at Workchain Ltd, a national recruitment company based in the Midlands, impersonating staff by opting them out of the auto-enrolment … Read more →

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“What is the purpose of a pension scheme?” – Clive Weber comments for Professional Pensions

Partner in our Pensions & Employee Benefits team, Clive Weber, has had his comments published by Professional Pensions in relation to British Airways’ pension scheme dispute. On the issue, Clive … Read more →

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Wedlake Bell Appoints Two New Partners

Wedlake Bell, is pleased to announce that Alison Hills (Pensions & Employee Benefits) and Jonathan Achampong (Residential Property) have been made up to Partners, effective from 1 April 2018, in … Read more →

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Pensions Compass March 2018

Welcome to our March 2018 edition of the Pensions Compass. Spring is finally here and there are many exciting pensions issues bouncing around! On another exciting note, with effect from … Read more →

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Managing Pension Scheme Liabilities – the options

Many Sponsoring Employers and Trustees continue to look at ways of controlling defined benefit pension scheme liabilities to reduce cost, to reduce volatility and to manage risks. For regulatory reasons … Read more →

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Pensions Ready Reckoner – March 2018

Pensions Ready Reckoner Clive Weber is a Partner in our Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Topic Bills … Read more →

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Barclays ring-fencing proposals sanctioned by the High Court

The High Court has ruled that Barclays’ pensions proposals will not hold up its ring-fencing plans, in a decision that considered widely relevant issues of restructuring defined benefit pension schemes … Read more →

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GKN and Melrose… the battle continues

In my last Pensions Compass article (17 January 2018) I wrote about the pensions issues surrounding a hostile bid made by Melrose, a turnaround company, in respect of the proposed … Read more →

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The New Debt Regulations – Is the ability to defer section 75 debts as good as it sounds?

Background Employers have faced the prospect of having to pay their statutory debt under section 75 of the Pensions Act 1995 when their last active member of a defined benefit … Read more →

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Pensions Compass – January 2018

Welcome to the January 2018 edition of the Pensions Compass. Happy New Year from the Pensions and Employee Benefits Team at Wedlake Bell! We hope you’ve had an excellent start … Read more →

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HSBC pensioners challenge pension “clawback”

Members of the HSBC (Midland Bank) Scheme, reportedly backed by Unite, have called on MPs to “lobby the government over the legal but “shameful” practice known as clawback.” Pension “clawback”,… Read more →

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Overpayments – NHS Pension Scheme has overpaid almost £100m since 2012

Summary Trustees are expected to take on greater responsibility, be more pro-active and take initiative on being a good trustee and fulfilling their fiduciary role, now more than ever. Alongside … Read more →

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Pension Ready Reckoner – January 2018

PARLIAMENT Topic Bills Data Protection Bill The Bill was introduced in Parliament on 13 September 2017 and is intended to give effect to the EU General Data … Read more →

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Managing pension scheme liabilities

Wedlake Bell’s Pensions & Employee Benefits Team has significant experience in assisting employers and trustees in navigating liability management exercises similar to those being proposed by BT. Sponsoring Employers and … Read more →

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BT set to “hang-up” on its DB pension scheme

Towards the end of last year BT kicked off a statutory 60 consultation period as part of its proposal to manage its staggering £14bn pension deficit. A consultation document was … Read more →

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GKN offer and the response from the companies schemes’ trustees

Final salary funding deficits are all around us and they cause headaches for a number of people, not least: pension scheme members who worry about the security of their retirement … Read more →

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British Airways’ Pensions

British Airways’ pension arrangements are in the news yet again. After much-publicised High Court proceedings over indexation of pension increases under the Airways Pension Scheme (essentially relating to the trustee’s … Read more →

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Pensions Compass – September 2017

Welcome to the September 2017 edition of the Pensions Compass. Summer has well and truly disappeared and autumn beckons! The world has gone GDPR crazy, and we’ve decided to give … Read more →

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Streamlining how disputes are dealt with

As the legal adviser to many trustee boards and many employer bodies alike we see it as part of our job to help keep our clients away from complaints and … Read more →

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Legality of employer decisions

In this article Employment Partner Blair Adams and Pensions Partner Clive Weber jointly comment on the important Court of Appeal decision in IBM v Dalgleish on 3 August 2017 (IBM Decision)… Read more →

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Pensions Ready Reckoner – September 2017

Clive Weber, Partner, Pensions & Employee Benefits Team. Please contact Clive with any queries on this Ready Reckoner. PARLIAMENT Topic Key Acts of Parliament Finance Bill 2017 The following provisions … Read more →

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Pensions Compass – June 2017

Welcome to the June 2017 edition of the Pensions Compass. The summer of 2018 promises to be sizzling hot and we expect you’ll agree, after reading our summary of developments … Read more →

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Section 75 debts: DWP consults on yet another possible relaxation

Help is at hand for employers which accidentally cease to have active members, or is it? Problem One can liken section 75 for employers in DB multi-employer schemes to a … Read more →

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Salary Sacrifice On The Up

According to a survey by Employee Benefits and Staffcare, 84% of employer respondents allow staff to contribute to their DC pension through a salary sacrifice arrangement. This represents an increase … Read more →

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British Airways Pension Scheme Trustees are Flying High!

The High Court recently ruled on an application from British Airways challenging the actions of the pension scheme’s trustees regarding the payment of pension increases. Historically any attempt by the … Read more →

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FDR LTD V DUTTON (CA) 2017 – Pension Increases

Background The Court of Appeal have recently overturned a judgement concerning a defined benefit pension scheme and how an underpin should operate in relation to increases to pensions in payment. … Read more →

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Automatic Enrolment – “Automatic” fines! Employer pays £42,000 to TPR after failing to comply with its automatic enrolment obligations

The Pensions Regulator (“TPR”) has recently published a report in relation to the failure of Johnsons Shoes Company (“Johnsons”) to comply with its automatic enrolment obligations as an employer. Johnsons’… Read more →

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Pensions Regulator cleans up Hoover’s pension mess

A restructuring proposal by Hoover Limited in relation to its largest defined benefit pension scheme, The Hoover (1987) Pension Scheme (the 1987 Scheme), was approved by the Pensions Regulator (tPR)… Read more →

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DB Transfers

According to data provided in a Freedom of Information request to Salisbury House Wealth by the Pensions Regulator, 80,000 workers transferred out of their employer’s defined benefit (also known as … Read more →

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Pension liberation – High Court confirms scheme trustees not exonerated under the scheme rules

The High Court judgment in Dalriada Trustees Limited v Mcauley and others (18 January 2017) concerns trustees’ investment duties when making “liberation” investments. The judgment is a clear warning to … Read more →

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Employer stuck with RPI in Thales

The index used for the purposes of determining revaluation of deferred benefits and increases to pensions in payment is a topic which many trustee boards and employers alike are watching … Read more →

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The Pensions Regulator (TPR) has secured its first and second criminal convictions for a refusal to provide information

A partner of a law firm and his firm were recently ordered to pay more than £16,000 in fines and costs and a charity boss was fined £6,500 for refusing … Read more →

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Pension Sharing on Divorce: ex-spouse fails to convince Pensions Ombudsman

Background: Mrs Y separated from her husband, Professor Y, a retired member of the Universities Superannuation Scheme (the “USS”) in 1996. In 2004, at age 52, Mrs Y enquired with … Read more →

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First Female Senior Partner

Wedlake Bell is pleased to announce that Kim Lalli has been elected as the firm’s Senior Partner. This will be for a four year term that begins on 1st January … Read more →

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Risk reduction a ‘key driver’ of increased gilts investments

Clive Weber, Partner in Pensions and Employee Benefits was quoted in Pensions Age, the leading pensions magazine. Risk reduction is a “key driver” of increased gilts investments by pensions funds,… Read more →

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Age discrimination – will your objective justifications stand up to scrutiny?

This case was brought by six high court judges but affected 210 judges at various levels within the judiciary. The claim was made against the Lord Chancellor and Secretary of … Read more →

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Defined Benefit Pension Scheme Reform

The BHS Scheme saga rumbles on. Meanwhile, the Department for Work and Pensions has published a ‘Green Paper’ for consultation on reform of defined benefit pensions, entitled ‘Security and Sustainability … Read more →

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Data Protection TalkTalk Fine: A Taste of Things to Come?

In October 2016, telecoms provider TalkTalk was fined £400,000 by the Information Commissioner’s Office (ICO) for failing to protect customers’ personal data, breaching the Data Protection Act 1998 (DPA). This … Read more →

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Overseas Pension Transfers: The Pitfalls

It is no secret that Brexit could have an impact on the City. In the coming months banks and other financial institutions will be making tough decisions on whether to … Read more →

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HMRC v Staveley, Upper Tribunal decision, January 2017

The Upper Tribunal has recently given its decision in an interesting case concerning inheritance tax (“IHT”) and pension schemes. The case turned on very specific facts, including importantly, that the … Read more →

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Death Benefits: No duty on employer to tell member about less generous death benefits

The Pensions Ombudsman (PO) has given a determination in a complaint by a Mr N that the respondents were not under a duty to inform his wife, Mrs N, that … Read more →

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Parliamentary Select Committee enquiry into defined benefit pension schemes: Show-stopper or damp-squib?

Introduction Not content with its Report on the BHS Scheme (issued on the 20 July 2016) the Parliamentary Select Committee (the Committee) announced on 8 August 2016 a wide ranging … Read more →

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If trustees fail they will face the consequences!

In August 2016 the Regulator issued three £2,000 fines against an independent trustee company following their failure to produce a signed chair’s statement before the statutory deadline. Since 6 April … Read more →

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BHS – The latest score between Philip Green and the Pensions Regulator

Summary of the parliamentary inquiry Since our last update on the BHS saga, in the July 2016 edition of Pensions Compass, the parliamentary inquiry and public sessions run by the … Read more →

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From the Editor’s fountain pen…

Welcome to the March 2016 edition of our pensions Bulletin. Happy Easter! Competitive edge There was quite a low (aka zero!) take-up for the competition we set in January’s Bulletin:… Read more →

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Pensions liberation: has the High Court opened the floodgates for fraudsters to exploit both individuals, and flaws within the system?

The High Court has overturned a decision of the Pensions Ombudsman which supported Royal London’s decision not to transfer a member’s benefits to another pension arrangement due to pensions liberation … Read more →

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Promises, promises… (of a pensions nature)

The Pensions Ombudsman has held that an employer “unjustifiably” stopped a member’s monthly pension payments which it had funded for some years following the winding-up of its occupational pension scheme.… Read more →

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Pensions Ready Reckoner – March 2016

A recap of latest developments in the ever-changing world of occupational pension schemes. PARLIAMENT Topic Legislation Budget – 16 March 2016 Key pension tax changes in the Chancellor’s … Read more →

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New PPF requirements will cause trustees a real(isable) headache

Trustees have until midnight on 31 March 2016 to re-certify existing contingent assets and certify new contingent assets, but given the changes to this year’s guidance, can trustees be certain … Read more →

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Endeavours clauses: how best to deal with uncertainty in contracts?

Sometimes it is not certain whether an objective in a contract can be achieved, for example obtaining planning permission or entering into a contract with a third party. Rather than … Read more →

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This miscellany of proposed changes from April 2016 is a can of worms…

“Miscellaneous” amendment regulations are often tidying up exercises and of no great consequence. However the DWP’s recent consultation on its proposed Miscellaneous Amendments Regulations 2016 are a different kettle of … Read more →

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PPF Levy Determination: Stability is the goal

The Pension Protection Fund’s “levy determination” for the 2016-17 levy year has now been published. A key feature is the PPF’s recognition of the importance of stability as regards amounts … Read more →

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A novel approach to putting right problems with a scheme’s governing documentation – just a one-off, or the start of a trend?

Problems with pension scheme documentation are sadly all-too-common these days. The precise meaning of decade-old provisions is one perennial headache for schemes and their trustees; blatant drafting errors, that give … Read more →

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Pension Ombudsman lays down the law to, ahem, “The Law”

The Pensions Ombudsman has upheld a complaint against the Police and Crime Commissioner of South Wales, on the basis that it had a duty of care as an employer to … Read more →

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From the Editor’s mountain hut…

Welcome to the January 2016 edition of our Pensions Bulletin. Happy New Year! Team news You will undoubtedly be very pleased to hear that the 3 members of our team … Read more →

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ROPS this all about? HMRC goes on the offensive against QROPS

Since April 2015, HMRC has been firing on all cylinders to ensure that any overseas pension scheme claiming to be a Qualifying Recognised Overseas Pension Scheme (or “QROPS”) satisfies the … Read more →

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Pensions and bankruptcy: a difference of opinion

A recent decision of the High Court, that an Income Payments Order could not be made against a bankrupt’s unexercised rights to draw his pension, has contradicted an earlier decision … Read more →

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A green light for pension trustees to assign their section 75 debts?

We write to update you on the recent High Court decision in Singer & Friedlander v Corbett[1] which considered the circumstances in which a section 75 debt could be assigned and which … Read more →

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The Pensions Ombudsman and the Courts – uneasy bedfellows?

Even though the first Pensions Ombudsman took office as long ago as 1990, the relationship between the Pensions Ombudsman and the Courts remains work in progress. History Essentially there has … Read more →