David Carrick: Rapist PC stripped of full state-funded pension – BBC News
‘Rapist police officer David Carrick has been stripped of his full state-funded pension, the mayor of London has confirmed.’
BBC News, 18th February 2024
Source: www.bbc.co.uk
Category: pensions
CA holds incentives to agree changes to scheme taxable – Pensions Barrister
‘Paul Newman KC considers the decision of the CA in HMRC v E.ON UK Plc (28 November 2023), in which the CA overturned a somewhat surprising decision of the UT that a one-off cash payment from an employer to scheme members, in return for them giving up future pension benefits, was not taxable.’
Pensions Barrister, 15th February 2024
Source: www.pensionsbarrister.com
Talking Pensions Ep13 – Talking Perspective – Pensions Barrister
‘To celebrate Pensions Barrister’s tie-in with Pespective, this month’s podcast (recorded in November 2023) features Raf Shergold, the Managing Director of Perspective. Paul talks to Raf about the history, development and future of the premier online pensions law resource.’
Pensions Barrister, 8th February 2024
Source: www.pensionsbarrister.com
Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd – Pensions Barrister
‘Edward Sawyer has written a casenote on the recent Newell decision, which provides a fresh insight into the effect of Courage provisos on the conversion of DB benefits to DC.’
Pensions Barrister, 5th February 2024
Source: www.pensionsbarrister.com
New CPR rule for pensions rectification claims – Pensions Barrister
‘David E Grant KC, who is a member of the Pensions Litigation Court Users’ Committee, has written an article about the proposed change to PD57AC (trial witness statements in the business and property courts), which will exempt pensions rectification proceedings from the scope of the PD.’
Pensions Barristers, 25th January 2024
Source: www.pensionsbarrister.com
Avon calling! … with the latest word on severance – Pensions Barrister
‘Paul Newman KC has written a casenote on the recent decision of HH Judge Davis-White KC in Avon Cosmetics Ltd v Dalriada Trustees Ltd & ors, which considered the requirements for the Court to be able to salvage parts of otherwise invalid deeds of amendment.’
Pensions Barrister, January 2024
Source: www.pensionsbarrister.com
UK Pensions Regulator’s new code of practice offers more flexibility for schemes – OUT-LAW.com
‘A new general code of practice issued by the UK Pensions Regulator (TPR) should help improve the operation of pension schemes and manage risk for both members and trustee boards, an expert has said.’
OUT-LAW.com, 15th January 2024
Source: www.pinsentmasons.com
Lifetime allowance – abolished, but not quite! – Pensions Barrister
‘Even the most seasoned pensions tax expert will surely have found the period since the government’s announcement on pension tax in the Spring Budget of 15 March 2023 bewildering, as the number of hyperlinked documents in this article demonstrates.’
Pensions Barrister, 11th January 2024
Source: www.pensionsbarrister.com
Ombudsman overpayment determination – Pensions Barrister
‘The Pensions Ombudsman (TPO) has published his first determination since the Court of Appeal’s decision in The Pensions Ombudsman v CMG Pension Trustees Ltd [2023] EWCA Civ 1258 of a complaint by a scheme member relating to the recovery of overpaid benefits from his future pension payments.’
Pensions Barrister, 4th January 2024
Source: www.pensionsbarrister.com
Loophole in NHS Pensions Regs? – Pensions Barrister
‘Paul Newman KC has written a casenote on the recent decision of the CA in Campbell v NHS Business Services Authority, in which a member was held to have died in pensionable service and therefore to have been entitled only to a death in service benefit lump sum, rather than a higher ill health lump sum, by reason of untaken leave entitlement.’
Pensions Barrister, 23rd November 2023
Source: www.pensionsbarrister.com
A Change of Climate for Trustee Investment Duties? – Pensions Barrister
‘Following the recent fine ordered by tPR in respect of ExxonMobil Pension Plan for breach of the OPS (Climate Change Governance and Reporting) Regs 2021, James McCreath of Wilberforce Chambers considers how the increasing pressure on schemes to advance environmental causes hangs together with trustees’ investments duties.’
Pensions Barrister, 16th November 2023
Source: www.pensionsbarrister.com
Court of Appeal adds additional hurdle to pension trustees recouping payments – OUT-LAW.com
‘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 Pensions Ombudsman – competent but not a court – Pensions Barrister
‘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
CA confirms Ombudsman not “competent court” – Pensions Barrister
‘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
Ombudsman decision on overpayment – Pensions Barrister
‘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
Pensions disputes: UK ombudsman weighs in on pension benefits calculations – OUT-LAW.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
Talking Pensions Ep10 – Pensions Barrister
‘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
The Remuneration of Pension Trustees: Some Current Issues – Wilberforce Chambers
‘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
Tribunal deals pensions blow to judges – Law Society’s Gazette
‘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 DWP’s consultation on collective defined contribution in retirement – OUT-LAW.com
‘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
