All legal articles – Page 17
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NewsNo changes to Johnston Press equalisation despite missing documents
A legal dispute involving trustees of the Johnston Press Pension Plan about the equalisation of retirement ages has been put to bed by the Scottish Court of Session, using a quirk of law known as the “presumption of regularity”.
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NewsCourt of Appeal lessens burden on FDR in rule change dispute
A High Court judgment on the method for increasing pension payments where a power of amendment was improperly applied has been overturned by the Court of Appeal, lessening the burden on the corporate sponsor.
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NewsLGPS unmarried couples discrimination unlawful, Supreme Court rules
The Supreme Court has ruled that regulations requiring unmarried Local Government Pension Scheme members to nominate a cohabiting partner in order for them to receive a survivor’s pension contravenes the European Convention on Human Rights.
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News
Brexit speech calms markets but leaves questions over ECJ cases
Prime Minister Theresa May this week laid out the government’s plans for Brexit, prompting questions from the pensions industry over the role of EU law in UK pensions over the longer term.
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OpinionWhen investment advice goes bad
From the blog: Stories of lost nest eggs and hardship facing investors in tax schemes under investigation by HMRC are never far from the news.
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Opinion
Key takeaways from the finance bill 2017
The impact of the finance bill 2017, so far as pensions are concerned, does not come as a surprise as it largely follows Philip Hammond’s Autumn Statement.
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OpinionQROPS: Between expat need and tax loophole
Analysis: Moving to live or work abroad is not, for most people, logistically straightforward, and planning ahead is key to ensure a smooth transition, particularly when considering long-term financial requirements, including pensions.
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OpinionHow to protect yourself from complaints and litigation
From the blog: Pensions and their governance framework are becoming increasingly complex while, at the same time, the role of scheme trustees is coming under extra scrutiny.
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News
Select committee sets sights on gig economy
The Work and Pensions Committee has this week launched an inquiry into self-employment and the so-called gig economy, focusing on pensions as well as universal credit, support and labour market participation.
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FeaturesShipbuilding members can board public sector scheme
The Shipbuilding Industries Pension Scheme has given certain members of its Fleet Support section the choice to rejoin a public service pension scheme as part of the government’s 'new fair deal' policy, but experts say it might not all be plain sailing.
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OpinionIntegrating compliance and ethics at the PPF
At the Pension Protection Fund, there is a strong commitment to ethical conduct from the board and executive committee who set the tone for the organisation.
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OpinionTrustee liability and black swans
From the blog: The thing about black swans is that until you encounter one, you ignore the possibility that they exist – but in hindsight it’s all too obvious that they do.
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News
Court of Appeal safeguards bankrupts’ undrawn pensions
Savers who become bankrupt but have not yet drawn their pensions will not have to hand them to creditors, after a court ruling on Friday put an end to fears that pension pots were at risk.
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News
Select committee inquiry: What should change to safeguard DB?
As the deadline for submitting views on defined benefit to the Work and Pensions Committee has passed, experts say there is a need for greater flexibility, potential benefit reductions and increased powers for the Pensions Regulator.
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OpinionWhat to expect from the forthcoming pensions bill
Since the Pensions Act 2004 there have been six acts of parliament dealing with pensions policy – and this does not include the various finance acts that have changed the pensions tax regime.
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FeaturesCAF exits multi-employer scheme to set up own fund
The Charities Aid Foundation has withdrawn from a multi-employer defined benefit pension plan and established a new DB scheme, removing its exposure to other employers’ pension liabilities.
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FeaturesBushfire of pension discrimination cases spreads to firefighters
The Fire Brigades Union has raised a legal challenge against fire service employers and the government regarding alleged discrimination as a result of transitional protection arrangements.
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FeaturesPlumbing scheme plans to seek guidance from Scottish courts as government drags feet on s75
Plumbing Pensions’ prolonged consultation with a departing employer over its exit fee has brought to light fundamental problems with section 75 debt legislation as it currently stands for non-associated multi-employer schemes.
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FeaturesFinal date set for Box Clever trustee and ITV showdown
Trustees of the Box Clever Pension Scheme and ITV were back in court last week, in the latest round of a four-year legal battle to force the broadcasting giant to help make good the fund’s £90m deficit.
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OpinionWhat to consider before moving members to a new scheme
A recent legal case raises interesting questions about what steps can – or should – be taken in distressed situations to save pension schemes.