Surplus

One of the most controversial issues that can arise in relation to a defined benefit occupational pension scheme is the question of who ‘owns’ the scheme’s ‘surplus’ should there be one and how it should be used, (eg by paying it to the employer or providing benefit improvements for members). It is a question that can become particularly vexed where the scheme is a ‘balance of cost’ scheme or a ‘non-contributory’ defined benefit scheme, ie a scheme where the employer's contributions meet the cost of providing the scheme's benefits after allowing for:

  1. any member contributions—in a balance of cost scheme those contributions will be fixed, while in a non-contributory scheme there will be none

  2. any scheme investment returns

What is surplus?

There is no legal definition of the term ‘surplus’ and it is not always easy to determine precisely the actual value of any surplus.

In general terms, a surplus is said to exist at any particular time when the actuarially-determined value of the relevant scheme’s assets exceeds the value of the scheme’s liabilities. A surplus is easiest to identify following a scheme wind-up; once all liabilities

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Latest Pensions News

Pensions Schemes Bill makes progress at Lords Grand Committee Stage despite strong reservations on LGPS reforms

The House of Lords Grand Committee (Grand Committee) opened its detailed scrutiny of the Pension Schemes Bill on 12 January 2026. Day 1 of the Grand Committee’s examination began on Chapter 1 of the Bill on the Local Government Pension Scheme (LGPS) and in particular Clauses 1 (Asset pool companies) and 2 (Asset management). Ultimately, all amendments debated on 12 January were withdrawn, and Clauses 1 and 2 were agreed without change. However, the debate raised significant cross-party concern about the breadth of ministerial powers, the heavy reliance on delegated legislation, the protection of fiduciary duty and the extent of ministerial influence over pension investment. On 14 January 2026, the Grand Committee continued its focus on the provisions of Chapter 1 of the Pension Schemes Bill when it agreed Clauses 6 (Mergers of funds), 7 (Amendments of 2013 Act relating to scheme regulations) and 8 (Interpretation of Chapter 1). Again, agreement was reached despite extensive debate highlighting concerns over compulsory mergers, funding positions, contribution prudence and employer affordability, surplus management, transparency, and the impact of local government reorganisation. The government peers maintained that existing statutory, actuarial and governance frameworks are sufficient and that further changes should be considered through consultation rather than primary legislation. The Grand Committee is currently scheduled to sit again on 19, 22 and 26 January 2026 when further detailed examination of the Pension Schemes Bill will continue.

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