Hill Dickinson

This Practice Note considers the key areas when looking at the articles of association of a corporate pension trustee, including: the appointment and removal of trustee directors; trustee directors’ interests and conflicts and the impact of the Companies Act 2006; indemnity provisions for trustee directors; disqualification of trustee directors; the relationship of the sponsoring employer and the corporate trustee and the interaction between the scheme rules and the articles of association of the corporate trustee.

This Practice Note covers refunds of surplus to the employer while an occupational pension scheme is ongoing (as opposed to winding up). In particular, this Practice Note looks at the circumstances in which the power to refund such surplus arises, the statutory requirements applicable, the impact of the Pensions Act 2004, s 251, the tax treatment of a surplus payment, and any applicable penalties for breach.

This Practice Note summarises a typical pension buy-in/buy-out process and then considers the content of the quotation and the policy terms and conditions, including benefits and alterations to benefits, payments and adjustments, data cleansing, scheme administration during the buy-in period, issuing personal policies at the buy-out stage, warranties and indemnities, trustee liability, cancellation and termination, and data protection.

This Practice Note looks at matters that trustees should consider in the recovery of a section 75 debt / employer debt / statutory debt, including the process for calculating and claiming a section 75 debt, its enforcement, how interest may be recovered on late payment, dealing with a shortfall in the recovery of the section 75 debt and the issue of statutory discharges for trustees when the debt is paid.

This Practice Note analyses the key pensions cases relevant to TUPE, in particular Beckmann v Dynamco Whicheloe Macfarlane, Martin and others v South Bank University and Procter & Gamble Company v Svenska Cellulosa Aktiebolaget SCA.

This Precedent is a template response to a letter before claim for use by a defendant in judicial review proceedings in the Administrative Court. It is based on the template letter in Annex B of the Pre-Action Protocol for Judicial Review and includes supplementary drafting guidance for defendants.

This Precedent contains employment provisions to be inserted into a precedent long form outsourcing agreement, under which the customer appoints a supplier as an outsourced services provider of a particular business function of the customer, change of service provider. It is in schedule form, drafted in favour of the customer. It contains specific provisions covering the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) on entry into the deal and on exit together with reporting and related obligations to ensure smooth TUPE transitions if a termination or transfer of service occurs during the term.

This Precedent contains employment provisions to be inserted in a precedent short form outsourcing agreement, under which the customer appoints a supplier as an outsourced services provider of a particular business function of the customer. It is drafted on a balanced basis. It contains specific provisions covering the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) on entry into the deal and on exit together with reporting and related obligations to ensure smooth TUPE transitions if a termination or transfer of service occurred during the term.