De-risking—pension buy-outs and buy-ins

Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notes

De-risking—pension buy-outs and buy-ins

Produced in partnership with Wyn Derbyshire of gunnercooke LLP

Practice notes
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THIS PRACTICE NOTE APPLIES ONLY TO Defined benefit OCCUPATIONAL PENSION SCHEMES

The increase in the number of underfunded defined benefit occupational pension schemes over recent years has been mirrored by a growing interest on the part of sponsoring employers and trustees in methods whereby the financial risks and investment volatility associated with such schemes can be managed, and ideally minimised—a process commonly known as 'de-risking'.

Various methods of de-risking have been developed, and continue to be developed. For example, incentive exercises, such as enhanced transfer value exercises and pension increase exchange exercises, can be regarded as forming part of the arsenal of de-risking tools available to employers and trustees of defined benefit schemes (for more information on incentive exercises, see Practice Note: Pension scheme incentive exercises). However, there has been a growing use of various forms of insurance products in de-risking strategies, the most common options being pension buy-outs and pension buy-ins.

This Practice Note looks at the considerations which arise when contemplating buy-outs and buy-ins in respect of defined benefit occupational pension schemes.

For

Wyn Derbyshire
Wyn Derbyshire

Partner, gunnercooke LLP


Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.

He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.

Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.

He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also written several other books and numerous articles on a variety of legal and non-legal topics.

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Jurisdiction(s):
United Kingdom
Key definition:
Buy-out definition
What does Buy-out mean?

The purchase by the trustees of an occupational pension scheme of an insurance policy in the name of a member or other beneficiary.

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