Workplace Pension in UK Law

Leading Cases
  • Air Jamaica Ltd and Others v Joy Charlton, Clive Goodall, Barbara Clarke and Ian Philpotts (suing on behalf of themselves and members of the Pension Plan for Employees of Air Jamaica (1968) Ltd)
    • Privy Council
    • 28 Abril 1999

    But even if it could, their Lordships are satisfied that it could not be amended in order to confer any interest in the trust fund on the Company. This was expressly prohibited by clause 4 of the Trust Deed. The 1994 amendments included a purported amendment to the Trust Deed to remove this limitation, but this was plainly invalid. The trustees could not achieve by two steps what they could not achieve by one.

  • Bank of New Zealand Officers Provident Association Management Board v Bank of New Zealand
    • Privy Council
    • 14 Julio 2003

    In the amendment of pension scheme rules, back-dating (that is, deeming a change of the rules to have been made at a date earlier than the date of the actual change) cannot be used as a device so as to rewrite history or validate an amendment which would otherwise be beyond the scope of the power of amendment.

  • Trustee Solutions Ltd and Others v Dubery and Cripps
    • Chancery Division
    • 21 Junio 2006

    An avoidance of pedantry, and the need to protect beneficiaries may well be powerful factors in choosing between rival constructions; but once the requirements of a valid means of alteration of the rules has been determined as a matter of construction, either a document satisfies those requirements or it does not. Nor do I think that Neuberger J can have meant that the court had power to waive requirements of the deed as properly construed.

  • Steria Ltd v Ronald Hutchison
    • Court of Appeal (Civil Division)
    • 24 Noviembre 2006

    Even this formulation is relatively broad brush, and it should be emphasised that there are many qualifications or refinements which can be made to it.

  • HR Trustees Ltd v Wembley Plc ((in Liquidation)) and Another
    • Chancery Division
    • 25 Octubre 2011

    Here it seems clear to me that the trustees exercised their discretion to amend the rule in the way contained in the amendment. They were obliged, having done so under clause 16, to make an appropriate declaration in a particular form. They could have been compelled on behalf of the members, who are not volunteers, to specifically perform their exercise of the power. Not to make a valid declaration was a breach of the terms of the definitive deed.

  • Smithson and Others v Hamilton
    • Chancery Division
    • 10 Diciembre 2007

    A decision to have a pension scheme and the consequential decisions about the structure and design of the scheme are matters for the employer, or at least matters primarily for the employer. This is not to say that the trustees are compelled to accept the employer's design. If the trustees object to it they cannot be compelled to join in executing the Deed and Rules.

  • Prudential Staff Pensions Ltd v the Prudential Assurance Company Ltd and Others
    • Chancery Division
    • 14 Abril 2011

    My own view is that members' interests and expectations may be of relevance when considering whether an employer has acted irrationally or perversely. There could potentially be cases in which, say, a decision to override expectations which an employer had engendered would be irrational or perverse. On the other hand, it is important to remember that powers such as that at issue in the present case are not fiduciary.

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  • The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ... ... band which apply for the purposes of automatic enrolment into a workplace pension scheme ... For the purposes of the Act, a jobholder who earns ... ...
  • The Automatic Enrolment (Miscellaneous Amendments) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... powers conferred by sections 111A(15)(b), 181 and 182(2) of the Pension Schemes Act 1993 1 , sections 49(8), 124(1) and 174(2) of the Pensions Act ... A summary of the net impact of the workplace pension reforms was published in July was published in July 2012 at ... ...
  • The Pensions Act 2011 (Commencement No. 1) Order 2011
    • UK Non-devolved
    • 1 de Enero de 2011
    ... ... Section 20 of the Act (pension compensation: annual increases ... 2. Section 20 of the Act (pension ... section 8, which relates to automatic enrolment into a workplace pension scheme, ... sections 19 and 21, which relate to annual increases ... ...
  • The Occupational Pension Schemes (Charges and Governance) Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... is a personal scheme the circumstances are that—(a) the scheme is a qualifying scheme in relation to an employer; and(b) the member's workplace contributions are allocated under a default arrangement.(3) In relation to a member of a stakeholder pension scheme that is an occupational pension ... ...
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Books & Journal Articles
  • Firms stand by their pensions.
    • No. 2004, June 2004
    • Financial Management (UK)
    • News Round-Up - Brief Article
    ... ... considerable efforts to encourage their employees to opt into a pension scheme, despite the rising costs of provision, a new survey has revealed ... "For many years workplace pension provision has been seen as the most efficient and suitable way for ... ...
  • Events: Your guide to recent and forthcoming CIMA events.
    • No. 2014, February - February 2014
    • Financial Management (UK)
    • Conference news
    ... ... RELATED ARTICLE: Coming events ... Half-day conference: "Radical pension reform affecting all employers" - joint event with the Chartered Institute ... the obligation to automatically enrol certain workers into a workplace pension scheme and make contributions towards it. Are you ready to handle ... ...
  • Last Word: Crisis in Social Care
    • No. 8-1, April 2017
    • Political Insight
    ... ... Another suggestion is to divert funding to social care from workplace pension pots, something that has become viable as people are now ... ...
  • Dementia in the workplace: a review
    • No. 14-1, March 2015
    • Journal of Public Mental Health
    • 24-34
    Purpose: – Recent changes affecting state pension age, and earlier diagnosis, will result in more people with dementia in employment. The purpose of this paper is to establish the nature of support...
    ... ... ,Mental Health and Wellbeingin Later Life and Dementia,NHS Health Scotland,Edinburgh, UK.AbstractPurpose –Recent changes affecting state pension age, and earlier diagnosis, will result in more people withdementia in employment. The purpose of this paper is to establish the nature of support ... ...
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Law Firm Commentaries
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  • T420)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... • taking part in activities as a pension scheme trustee; ... • being, or proposing to become, an ‘employee ... workplace. (If you do not complete this section your claim will be allocated to the ... ...
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