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Employer cannot use limitation defence to avoid section 75 debt in Scottish multi-employer scheme (Mr E PO-27028)

Employer cannot use limitation defence to avoid section 75 debt in Scottish multi-employer scheme (Mr E PO-27028)
Published on: 05 January 2021
Published by: LexisPSL
  • Employer cannot use limitation defence to avoid section 75 debt in Scottish multi-employer scheme (Mr E PO-27028)
  • Original news
  • Summary
  • What were the facts?
  • What was the Pensions Ombudsman’s decision?
  • What is the impact of this determination?

Article summary

Pensions analysis: In the determination of Mr E (PO-27028), the Pensions Ombudsman rejected a complaint that an employer was not liable for a debt under section 75 of the Pensions Act 1995 (PA 1995) as it could not be shown that the trustee had made a legally effective decision to exclude the section 75 debt, or that a limitation defence applied. Martin Scott of gunnercooke LLP looks at the decision. or take a trial to read the full analysis.

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