Trustees, governance and administration

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Case tracker—forthcoming cases—pensions

The entries in this tracker are organised by topic. These topics are listed in the Table of Contents (to the left of the page).Contracting-outLloyds

Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Deeds

Under English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which a

Appointment, retirement and resignation of a director

BREXIT IMPACT: The information to be given when appointing a corporate director will be affected by Brexit. For further details, see Impact of Brexit

Practice notes

Auto-enrolment—who needs to be enrolled?

CORONAVIRUS (COVID-19) UPDATE: On 9 April 2020 the Pensions Regulator (TPR) published ‘Automatic enrolment and pension contributions: COVID-19...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 30th Oct

Practice notes

Consultation tracker—pensions

This Lexis®PSL Pensions consultation tracker tool displays key consultations (both formal and informal) conducted in the last 12 months by HM...

27th Oct

Practice notes

Pensions Ombudsman determination tracker

The entries in this tracker are organised by topic, alphabetically. These topics are listed in the Table of Contents (to the left of the...

27th Oct

Practice notes

Legislation tracker—pensions

This legislation tracker is divided into the following sections:•Forthcoming Acts and Bills•Forthcoming Statutory Instruments•Forthcoming FCA...

27th Oct

In-house

Practice notes

The annual allowance

The basic principle underpinning the pensions tax regime is that members of registered pension schemes enjoy:•various tax advantages while accruing...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 27th Oct

Practice notes

Auto-enrolment—an introduction

CORONAVIRUS (COVID-19) UPDATE: On 9 April 2020 the Pensions Regulator (TPR) published ‘Automatic enrolment and pension contributions: COVID-19...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 26th Oct

Practice notes

Horizon scanning—Pensions

This Practice Note summarises the key legal developments that are expected to impact pension lawyers within the next 18 months and will continue to...

22nd Oct

In-house

Practice notes

Pension consultation requirements

CORONAVIRUS (COVID-19) UPDATE: On 9 April 2020 the Pensions Regulator (TPR) published guidance which provides a regulatory easement for employers...

13th Oct

Practice notes

Investment powers and duties of pension trustees

CORONAVIRUS (COVID-19) UPDATE: The market volatility caused by coronavirus has led to an increase in DB scheme deficits (see News Analysis:...

13th Oct

Practice notes

Statement of investment principles (SIP)

CORONAVIRUS (COVID-19) UPDATE: The market volatility caused by coronavirus led to an increase in DB scheme deficits (see News Analysis: Coronavirus...

Produced in partnership with Nick Stones of Pinsent Masons 5th Oct

Practice notes

The authorisation and supervisory regime for master trusts

CORONAVIRUS (COVID-19) UPDATE: In light of the coronavirus pandemic, the Pensions Regulator (TPR) issued guidance stating that, until 30 June 2020, it...

26th Sep

Practice notes

Bulk transfers between occupational pension schemes—an introduction

IntroductionThis Practice Note considers bulk transfers between occupational pension schemes. A bulk transfer is the transfer of a group of members...

26th Sep

Practice notes

Trivial commutation

HM Revenue & Customs (HMRC) recognises that schemes could incur disproportionate costs in providing small pensions under registered pension schemes,...

26th Sep

Practice notes

Surrender and forfeiture of pension benefits

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMES ONLYThis Practice Note considers the extent to which accrued pension rights under...

25th Sep

Practice notes

Case tracker—judgments handed down in 2018—pensions

The entries in this tracker are organised by topic. These topics are listed in the Table of Contents (to the left of the page).Contracting-outLloyds...

25th Sep

Practice notes

Early leavers—revaluation

Statutory requirement to revalue benefitsStatute requires pension schemes to revalue the deferred benefits of early leavers over the period of...

25th Sep

Most recent Trustees, governance and administration content

Practice notes

Notifiable events—scheme and employer-related events

FORTHCOMING DEVELOPMENT: On 11 February 2019 the DWP published its response to the consultation ‘Protecting Defined Benefit Pension Schemes—A...

25th Sep

Practice notes

Balance of powers between the trustees and the sponsoring employer

THIS PRACTICE NOTE APPLIES TO TRUST-BASED DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMESWhat is the balance of powers?In the context of a trust-based...

25th Sep

Practice notes

Statutory employer issues—problems in practice

THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMESA scheme's statutory employer is an employer legally responsible...

25th Sep

Practice notes

The principles governing the construction of pension trust deeds and rules

The general principlesIn an ideal world the language and provisions of contracts, deeds and other documentation would not be ambiguous, avoiding any...

25th Sep

Practice notes

Appointment, retirement and resignation of a director

BREXIT IMPACT: The information to be given when appointing a corporate director will be affected by Brexit. For further details, see Impact of Brexit...

25th Sep

In-house

Practice notes

The regulation of pensions—division of roles between the Pensions Regulator and the FCA

Role of the Pensions RegulatorStatutory objectivesThe core role of the Pensions Regulator is to fulfil the statutory objectives set out in the...

25th Sep

Practice notes

The Retail Distribution Review and pensions

Application of the RDRThe Retail Distribution Review (RDR) introduced major changes to the retail investment market and applies to regulated firms in...

25th Sep

Practice notes

Charge cap on the default arrangements of DC qualifying schemes

CORONAVIRUS (COVID-19) UPDATE: In light of the coronavirus pandemic, the Pensions Regulator (TPR) issued guidance stating that, until 30 June 2020, it...

25th Sep

Practice notes

Acting as secretary to pension trustees

The role of secretary to pension trustees has changed dramatically in recent years and is important to the smooth running of a scheme. This Practice...

25th Sep

Practice notes

How to review a scheme booklet

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMESWhen reviewing or updating a scheme booklet, the following points should be...

25th Sep

Practice notes

Winding-up an occupational pension scheme—statutory disclosure from 6 April 2014, reporting and record-keeping requirements

THIS PRACTICE NOTE APPLIES ONLY TO OCCUPATIONAL PENSION SCHEMESDisclosure requirements applicable to a winding-up schemeWhen a scheme begins...

25th Sep

Practice notes

Retirement communications in FCA-regulated pension schemes

Since the introduction of the pension flexibilities on 6 April 2015, changes have been made to legislation and the rules of the Financial Conduct...

25th Sep

Practice notes

Trustee liability and protection in pensions

THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMESTrustees may be subject to personal liability if they commit a breach of trust...

25th Sep

Practice notes

Duty of pension scheme trustees not to fetter their discretion

This Practice Note explores the boundaries of a trustee’s duty not to fetter his discretion. It should be read in conjunction with the Practice Note:...

25th Sep

Practice notes

Appointing professional advisers—negotiating the service agreement

THIS PRACTICE NOTE APPLIES TO REGISTERED OCCUPATIONAL PENSION SCHEMESIn view of the complexity of modern-day pensions law and administration, it is...

25th Sep

Practice notes

Establishing etc stakeholder or personal pension schemes

Establishing, operating or winding up:•a stakeholder pension scheme, or•a personal pension schemeare regulated activities under the Financial Services...

25th Sep

Practice notes

Tips for drafting member communications

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMESFrom time to time, it is necessary or desirable for trustees and/or the...

25th Sep

Practice notes

The meaning of ‘connected’ and ‘associate’ in pensions

Use of terms ‘connected’ and ‘associate’ in pensionsAlthough originally defined for use under the insolvency/bankruptcy framework as set out under the...

25th Sep

Practice notes

The governance of DC workplace pension schemes

CORONAVIRUS (COVID-19) UPDATE: As a result of the coronavirus pandemic, the Pensions Regulator (TPR) issued various guidance documents, including DC...

25th Sep

Practice notes