- Role of trustee as guardian of the scheme’s funding position significant when interpreting scheme’s incapacity rule (Universities Superannuation Scheme Ltd v Scragg and another)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Pensions analysis: Did a trustee have the power to decide that a member was not entitled to receive an incapacity pension? According to Craig Looker, director of pensions at Walker Morris LLP, the case of Universities Superannuation Scheme Ltd v Scragg and another is arguably an example of ambiguous drafting and is further evidence that lawyers should work harder to make the rules of pension schemes as clear as possible.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial