‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’
OUT-LAW.com, 10th November 2023
Source: www.pinsentmasons.com
‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’
Pensions Barrister, 9th November 2023
Source: www.pensionsbarrister.com
‘Judgment of the CA was handed down today in Pensions Ombudsman v CMG Pension Trustees Ltd. CA confirmed that the requirement in s.91(6) PA95 for trustees to obtain an order of “a competent court”, where their right to recoup overpaid benefits from future pension payments is disputed by the member, is not satisfied solely by a determination of the Ombudsman. This means that such a determination will require to be enforced by the county court on the application of the trustees. However, the Court rejected the respondent’s argument that the county court has a judicial role to play, and held that enforcement was purely an administrative matter to be carried out by a court officer, without the court considering the merits of the matter.’
Pensions Barrister, 1st November 2023
Source: www.pensionsbarrister.com
‘In this casenote, Paul Newman KC considers the recent decision of the Deputy Pensions Ombudsman in the matter of Mrs S, whose widow’s pension in the Teacher’s Pension Scheme had terminated by reason of remarriage – unknown to the administrator.’
Pensions Barrister, 26th October 2023
Source: www.pensionsbarrister.com
‘In two recent cases the UK’s Pensions Ombudsman (PO) has responded to member concerns that a provider has not calculated their pension benefits correctly.’
OUT-LAW.com, 23rd October 2023
Source: www.pinsentmasons.com
‘In this episode, Paul talks to Jeff Highfield, former Head of Finance at the PPF and now chair of the Pensions Archive Trust, about the work of the trust in archiving material from private pension schemes.’
Pensions Barrister, 4th October 2023
Source: www.pensionsbarrister.com
‘This article deals with two discrete aspects of the law and practice relating to trustee remuneration – a recent decision of the Court of Appeal and the Pensions Regulator’s Single Code of Practice.’
Wilberforce Chambers, September 2023
Source: www.wilberforce.co.uk
‘An employment tribunal has ruled in favour of the government in the latest judicial pensions dispute.’
Law Society's Gazette, 27th September 2023
Source: www.lawgazette.co.uk
‘The UK government said in a set of July 2023 Mansion House proposals that it would allow commercial UK pension schemes, including master trusts, to provide collective defined contribution (CDC) benefits in retirement.’
OUT-LAW.com, 18th September 2023
Source: www.pinsentmasons.com
‘This article deals with two discrete aspects of the law and practice relating to trustee remuneration – a recent decision of the Court of Appeal and the Pensions Regulator’s Single Code of Practice.’
Pensions Barrister, 7th September 2023
Source: www.pensionsbarrister.com
‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’
Pensions Barrister, August 2023
Source: www.pensionsbarrister.com
‘On Friday 28 July, the Upper Tribunal (Tax and Chancery Chamber) published its decision in Shah v The Pensions Regulator [2023] UKUT 00183 (TCC), in which it upheld the issue by tPR’s Determinations Panel of a contribution notice under s.38 of the Pensions Act 2004.’
Pensions Barrister, 31st July 2023
Source: www.pensionsbarrister.com
‘Handed down on 26th July, the latest in a long line of cases in which a judgment creditor has sought to enforce their debt from the pension scheme assets of the debtor is Cohen v O’Leary [2023] EWHC 1939 (Ch), a decision of Louse Hutton KC, sitting as a Deputy Judge of the High Court.’
Pensions Barrister, 27th July 2023
Source: www.pensionsbarrister.com
‘Paul Newman KC has written an article on the principles of statutory construction, which might be relevant to the interpretation of a term of art used in a statutory instrument – such as “accrued rights” in the contracting-out legislation recently considered by the court in Virgin Media Ltd v NTL Pension Trustees II Ltd.’
Pensions Barrister, 13th July 2023
Source: www.pensionsbarrister.com
‘Joseph Steadman has written an article about the signing and witnessing of documents electronically, and considers where the law has got to, where it is going and why this is relevant to pension schemes.’
Pensions Barrister, 5th July 2023
Source: www.pensionsbarrister.com
‘War widows who were forced to forfeit their pensions will receive a lump sum payment after a long-running campaign. The compensation scheme will benefit spouses who lost their government income if they remarried or moved in with a new partner before 2015.’
BBC News, 18th May 2023
Source: www.bbc.co.uk
‘Lydia Seymour discusses the important and topical question of whether there is an obligation to offer Sharia-compliant pension schemes.’
Pensions Barrister, 4th May 2023
Source: www.pensionsbarrister.com
‘Everyone will be familiar with the requirement to provide the prescribed information to be recorded on the register of qualifying occupational and personal pension schemes maintained by tPR,1 and with the obligation to register a pension scheme with HMRC in order to qualify for the tax reliefs available to pensions.2 This article discusses three issues relating to registration and the associated issue of approval of amendments that may not be so common but which may arise occasionally in practice.’
Pensions Barrister, 27th April 2023
Source: www.pensionsbarrister.com
‘A law firm that narrowed the scope of its retainer after a divorcing woman negotiated her own financial settlement was nonetheless negligent in failing to give her advice on the deal, the High Court has ruled.’
Legal Futures, 24th April 2023
Source: www.legalfutures.co.uk
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