Member nominated trustee arrangement
Produced in partnership with Blake Morgan LLP
Member nominated trustee arrangement

The following Pensions precedent produced in partnership with Blake Morgan LLP provides comprehensive and up to date legal information covering:

  • Member nominated trustee arrangement

To: the [Active AND/OR Deferred AND/OR Pensioner] Members (“[the Members]”) of the [insert name pension scheme] [“the Scheme”]

From: The Trustees of the Scheme

Date: [Insert date sent to members]

Background

Under the Pensions Act 2004 (PeA 2004), and the Pension Regulator’s Code of Practice No.8 (“the Code of Practice”) it is compulsory for occupational pension schemes to have arrangements in place that provide for at least one third of the trustees to be nominated by the members (unless the scheme is exempt under legislation).

The Code of Practice provides that the MNT arrangement should include provision for periodic review to establish whether the arrangement remains appropriate for the Scheme, and this should take place every three to five years. The Code of Practice also provides that the arrangement should be reviewed when there is a material change to the Scheme’s circumstances and/or membership.

In accordance with the PeA 2004 and the Code of Practice, the trustees of the Scheme (“the Trustees”) have undertaken a review of the Scheme’s MNT arrangement and this communication:

  1. sets out the new proposed MNT arrangement[; and]

  2. [seeks nominations for a new MNT to the Scheme from those eligible to nominate.]

THE CURRENT POSITION

The Scheme has operated with [insert total number of trustees] trustees, [insert number of MNTs] nominated by the Members (“the MNT[s]”) and [insert number of company nominated trustees] appointed by [insert name

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