Disputes, discrimination and divorce

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Featured Pensions content

Retirement Annuity Contracts (RAC)—older types of personal pension schemes

Personal pension schemes—central role in private pensions sectorPersonal pension schemes, in their various forms, play a central and important role in...

Retirement schemes for executives—UURBS, FURBS and EFRBS

Just as executives tend to enjoy better salary packages than the ordinary workforce, so is it often the case that they receive better pension...

Auto-enrolment—the transitional period for DB and hybrid schemes [Archived]

ARCHIVED. This Practice Note has been archived and is not maintained.As well as the option to postpone auto-enrolment, employers which operate defined...

The pre A-day pensions tax regime

The pensions tax regime under the Finance Act 2004 came into effect on 6 April 2006, otherwise known as A-day. The pre A-day regime may still be of...

Practice notes

What does ‘contracting-out’ mean for pension lawyers?

Interaction with the additional State pensionBefore 6 April 2016, there were two levels of State pension provision:•the basic State pension—this was a...

9th Nov

Practice notes

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan

Practice notes

The Electricity Supply Pension Scheme

The Electricity Supply Pension Scheme (‘ESPS’) is a trust-based scheme established by the Electricity Council by a resolution dated 20 January 1983 as...

Produced in partnership with Gary Delderfield of Eversheds Sutherland 12th Jan

Practice notes

Pension bulk transfers—beginners’ guide

This guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or unfamiliar with pensions law.THIS PRACTICE NOTE...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 12th Jan

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Bridging pensions

Bridging pensions—backgroundBridging pensions are a form of pension provided by some (but not all) defined benefit occupational pension schemes in...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 12th Jan

Practice notes

Beddoe applications

When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...

Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan

Practice notes

How to deal with Beckmann liabilities on a business sale

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMESThis Practice Note applies to business sales which are subject to the Transfer...

Produced in partnership with Ginevra Gatrell of gunnercooke LLP 12th Jan

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

How to deal with a section 75 debt—an introduction

THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMESThis Practice Note looks at the alternative methods available to...

9th Nov

Practice notes

Personal pension schemes—disclosure requirements before 6 April 2014 [Archived]

THIS PRACTICE NOTE APPLIES TO PERSONAL PENSION SCHEMES This Practice Note looks at the disclosure requirements that were applicable to trustees (or...

9th Nov

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

Deed of substitution

Date: [insert date](1)[Name of Former Principal Employer](2)[Names of Trustees](3)[Name of the New Principal Employer]Deed of Substitution of...

Produced in partnership with Blake Morgan LLP 12th Jan

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Practice notes

Anti-franking

The conceptIt used to be the case that contracted-out salary-related (COSR) schemes could revalue a deferred member's guaranteed minimum pension (GMP)...

Produced in partnership with Peter White 12th Jan

Precedents

The employment contract—sample pensions clauses

The following pension clauses set out the pensions information to be included in an employment contract, depending on the type of...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 12th Jan

Most recent Disputes, discrimination and divorce content

Practice notes

Equalisation of guaranteed minimum pensions (GMPs)

What are guaranteed minimum pensions?Guaranteed minimum pensions (GMPs) arrived on the pension scene on 6 April 1978, at the same time as the State...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 27th Jan

Practice notes

Sex discrimination for pension lawyers

The current position and how we got hereAs in other areas of discrimination law which apply to pension schemes, the law on sex discrimination has been...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 27th Jan

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...

27th Jan

Practice notes

International aspects of pensions on divorce etc

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 27th Jan

Practice notes

Privilege in pensions

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 26th Jan

Practice notes

Transgender issues and pension entitlement

The language used in this Practice Note reflects the language of the relevant statutory material and previous decided cases, which is binary and to...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 25th Jan

Practice notes

Part-time workers, fixed-term workers and discrimination—the key cases for pension lawyers

Many of the leading cases in the area of discrimination and part-time workers have been concerned with issues of sex discrimination. They are...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 25th Jan

Practice notes

Fixed-term workers—discrimination issues relating to pensions

This Practice Note contains references to case law of the Court of Justice of the European Union. Broadly, EU judgments handed down on or before 31...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 25th Jan

Practice notes

Pensions and discrimination—beginners’ guide

This guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or unfamiliar with pensions law.This guide...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 25th Jan

Practice notes

Equalisation and Barber—the pension implications

This Practice Note contains references to case law of the Court of Justice of the European Union. Broadly, EU judgments handed down on or before 31...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 22nd Jan

Practice notes

Age discrimination for pension lawyers

Age discrimination—the statutory frameworkStatutory provisions prohibiting age discrimination were first introduced into English law in 2006 as a...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 22nd Jan

Practice notes

Objective justification for pension lawyers

What is objective justification?Under the Equality Act 2010 (EqA 2010), there is prima facie indirect discrimination if A applies a provision,...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 22nd Jan

Practice notes

Age discrimination—the pension exceptions and when they apply

Exceptions for age discrimination under the Equality Act 2010The general non-discrimination rule for occupational pension schemes in the section 61 of...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 22nd Jan

Practice notes

Pension rights of spouses and civil partners on member’s death

FORTHCOMING DEVELOPMENT: On 20 July 2020, a written ministerial statement was made announcing that changes will be made to the Teachers’ Pension...

22nd Jan

Practice notes

The Test-Achats case—the pension implications

This Practice Note considers the implications of the case Association belge des Consommateurs Test-Achats v Conseil des Ministres (the Test-Achats...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 21st Jan

Practice notes

Valuing pension rights in family proceedings

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

20th Jan

Practice notes

Objective justification—the key cases for pension lawyers

Objective justification is a phrase most often encountered as shorthand for the process of showing that a provision, criterion or practice (PCP),...

20th Jan

Practice notes

Pensions on divorce—issues for pension trustees

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with David Lockett of Actuaries for Lawyers 20th Jan

Practice notes

Pension sharing orders

This Practice Note explains what a pension sharing order is within family proceedings and sets out which pension interests can be shared and which...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan

Practice notes

Pensions and judicial separation

On proceedings for judicial separation the court has the power to redistribute the benefits derived from pension resources between the parties...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan

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Disputes, discrimination and divorce

View Pensions by content type:

Latest Pensions News

Investing in the future—what role do pension funds play in mitigating climate change?

Financial services should see coronavirus (COVID-19) shock as climate-change ‘wake-up call’, Aviva chairman says

What does Brexit mean for dispute resolution in England and Wales?

The European Green Deal—a clear vision for EU climate change action?

Featured Pensions content

Retirement Annuity Contracts (RAC)—older types of personal pension schemes

Retirement schemes for executives—UURBS, FURBS and EFRBS

Auto-enrolment—the transitional period for DB and hybrid schemes [Archived]

The pre A-day pensions tax regime

Most recent Disputes, discrimination and divorce content

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