The following Pensions guidance note Produced in partnership with Ben Fairhead of Pinsent Masons LLP provides comprehensive and up to date legal information covering:
Pension liberation has existed as an issue for many years but has become more prevalent since 2011. Since that time a number of trustee appointments have been made by the Pensions Regulator, and there have also been several reported decisions of the High Court and the Regulator's Determinations Panel relating to those appointments and/or action taken directly by the Regulator against those operating suspected liberation schemes.
Schemes or cases where pension liberation was suspected and where action was taken by the Pensions Regulator (or the trustee appointed by it) include:
Ark Schemes (May 2011)
Hollywell Enterprises Pension Scheme (October 2011)
Pennines, Mendip and Malvern Retirement Benefit Schemes (March 2012)
TWM Pension Trust (October 2013)
Marley Administration schemes (February 2014)
Conder schemes (February 2014)
Bovey Cranbrook scheme and others (April 2014)
St George/multi-member schemes (August 2014)
Barratt and Dalton schemes and the Friendly Pensions Retirement Fund (FPRF) (April 2015)
LPA Umbrella Trusts (November 2014)
London Quantum Retirement Benefit Scheme (February 2016)
5G Futures Pension Scheme (July 2016)
Dalriada Trustees v McAuley (January 2017)
Friendly Pensions (July 2017)
Ashley Wilson Solicitors / Patrick John McLarry (July 2017)
Walker, Macalister Lindsay and Cheyne (September 2017)
The Pensions Regulator v Payae Ltd (January 2018)
For an introduction to pension liberation (what it is, why it happens, its structures and characteristics, and considerations for the various parties involved), see Practice Note:
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