Brexit—the implications for pensions
Produced in partnership with Catherine Salafia of Eversheds Sutherland and Francois Barker of Eversheds Sutherland
Brexit—the implications for pensions

The following Pensions practice note Produced in partnership with Catherine Salafia of Eversheds Sutherland and Francois Barker of Eversheds Sutherland provides comprehensive and up to date legal information covering:

  • Brexit—the implications for pensions
  • Pensions matters in the October Withdrawal Agreement
  • Legal effect of Brexit during the implementation period
  • Legal effect of Brexit post-IP completion day
  • The European Union (Withdrawal) Act 2018
  • Status of EU-derived law
  • European judgments
  • EU-derived pensions law
  • Dealing with pensions ‘deficiencies’ in retained EU law
  • The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019, SI 2019/192
  • More...

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the transitional arrangements provided in Part 4 of the October 2019 Withdrawal Agreement, the UK has entered an implementation period. During this period, the UK continues to be treated by the EU as a Member State for many purposes. While it will not participate in the political institutions and governance structures of the EU, the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union, in accordance with the October 2019 Withdrawal Agreement.

This Practice Note outlines the immediate and wider implications for UK pensions law of the UK’s withdrawal from the EU and provides an overview of the latest developments in the pensions law sphere in relation to the Brexit process.

For information about Brexit generally, see: Brexit—overview and Brexit timeline.

For further reading on the legal terms and implications of the UK’s exit from the EU, see Practice Note: Brexit—introduction to the Withdrawal Agreement. Further guidance and materials on the legal terms and impact of Brexit are available in our Brexit toolkit.

Pensions matters in the October Withdrawal Agreement

The October 2019 Withdrawal Agreement contains very little information on pension matters for the period following IP completion day. Broadly speaking, it

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