This Practice Note provides guidance on the variation of pension sharing orders and pension attachment orders made in family proceedings, together with appeals. It also sets out the procedural aspects of both variation and appeals and considers capitalisation applications. Variation—pension sharing orders Variation before final order/decree absolute If a final order/decree absolute of divorce, dissolution or nullity has not been granted, and consequently the pension sharing order has not taken effect, the pension sharing order can be varied or discharged. Note that an application to vary may only be made before the grant of a final order/decree absolute. If the marriage or civil partnership has been dissolved or a final nullity order has been made, it is not possible to apply to vary a pension sharing order, even if it has not yet taken effect. Once made, the application for variation will prevent the pension sharing order taking effect. Such applications are rare. The starting point is for the court to consider the provisions of section 31(7) of the Matrimonial Causes Act

Family analysis: Following on from the second edition of the guide issued by the Pension Advisory Group (PAG) as to the treatment of pensions on divorce, with the aim of improving understanding of the complex law relating to pensions on divorce to enable more consistent and fairer outcomes, Beverley Morris, partner and head of family law at Lodders solicitors, and Jonathan Galbraith, chief executive officer at Mathieson Consulting, set out the impact of the first guide, the key changes from the second guide, what aspects are of particular concern and what changes could be introduced in the future.

THIS PRACTICE NOTE APPLIES IN RESPECT OF OCCUPATIONAL PENSION SCHEMES ONLY AND FOR TRUSTEES AND THEREFORE EXCLUDES COMPENSATION SHARING ORDERS FOR SCHEMES IN THE PENSION PROTECTION FUND Pension attachment and pension sharing orders were extended to cover the dissolution of civil partnerships for same-sex couples following the introduction of the Civil Partnership Act 2004 from 5 December 2005. Cohabitants are not covered by either of these orders as cohabitation does not give the right to enter into either order. In this Practice Note, references to an ex-spouse therefore includes an ex-civil partner. Court orders which trustees may have to implement The pension entitlement of a married scheme member may represent the sole or main asset accrued during their marriage. On the breakdown of their marriage, the court may therefore redistribute the benefits derived from pension resources between the parties, where offsetting (whereby the value of the pension resources is set against the value of other assets held between the parties) is not possible or not desirable. As a result, trustees of occupational

Pensions reform from the government has been in continual process since around 1983, with a new act virtually every couple of years. Indeed almost alone in government, pensions reform has its own minister and has done for over a decade; there is no health reform or transport reform minister for example.

The Pensions Regulator has reported that former company director, Nicholas Marks, pleaded not guilty to two counts of fraud by abuse of position against employees at Clarity Products Ltd and Lunar Automotive Ltd respectively. The Pensions Regulator brought these charges against Marks under section 4 of the Fraud Act 2006. A plea and trial preparation hearing will be held on 8 May 2024.

HMRC has published Pensions schemes newsletter 162 for September 2024. The newsletter includes articles on the lifetime allowance (LTA) abolition, relief at source (annual return of information for 2023 to 2024), and the managing pensions schemes service.

HMRC has published Pensions schemes newsletter 163 for October 2024. The newsletter includes articles on the lifetime allowance (LTA) abolition, pension flexibility statistics, registration statistics, authorised surplus payment charges, and the managing pension schemes service.

HM Revenue and Customs (HMRC) has published Pensions schemes newsletter 165 for December 2024. The newsletter includes articles on managing pension schemes service, pension payments to trustees in bankruptcy, tax treatment of tax free lump sums paid back into a registered pension scheme, lifetime allowance (LTA) abolition and Relief at Source (RAS) — residency status reports.

The name given to the changes introduced by HMRC on A-Day. One single tax regime was introduced to replace the previous eight.

HM Revenue and Customs (HMRC) have published updates to their Pensions Tax Manual to take account of the abolition of the Lifetime Allowance (LTA) and changes under the Finance Act 2024. The manuals updated are PTM101000 and PTM102550.

This guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or unfamiliar with pensions law. A-Day The registered pension scheme regime was introduced on A-Day (6 April 2006). Under that regime (which is set out in Part 4 of the Finance Act 2004 (FA 2004)), pension schemes (regardless of their type) are either registered or not registered. Schemes that were in receipt of ‘tax approval’ prior to A-Day under the various ‘approval systems’ then in force were automatically converted into registered pension schemes on A-Day (unless they opted out). Other schemes have since A-Day been able to apply for registered pension scheme status under FA 2004, s 153 provided they satisfy the requirements of that regime. In order to enjoy the various tax advantages of the registered pension scheme regime, it is not sufficient for an individual simply to be a member of a registered pension scheme. There are a number of conditions to satisfy: • while there is in principle no limit as to the contributions

Ireland—Banking & Financial Services analysis: This article, written by Louise O’Byrne, Partner (Employment), of Arthur Cox LLP, covers current issues in pensions law, including the latest developments on automatic enrolment and the Institutions for Occupational Retirement Provision Directive (IORP II), updates from the Pensions Authority, Revenue and the European Commission, and significant recent case law.