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CHECKLISTS
This Checklist summarises the key steps to follow when carrying out a bulk transfer of a group of members from one occupational pension scheme to another. Details of the laws and regulations relating to the making of such transfers are set out in Practice Note: Bulk transfers between occupational pension schemes. Planning of bulk transfer • Trustees of the transferring and receiving schemes should satisfy themselves that the making of the bulk transfer in the form contemplated is, in their respective opinions, in the interest of their respective beneficiaries. • Consider whether bulk transfer would have adverse tax consequences for transferring members (eg potential loss of tax protections). • Reach ‘in principle’ agreement between trustees and employers of both transferring and receiving schemes on pursuing bulk transfer exercise. • Review governing provisions of both transferring and receiving schemes to confirm transfer of assets, liabilities and members can be made. Amend provisions if necessary and possible. • Check
GLOSSARY
Someone who thinks the stock market or a particular share will go up.
GLOSSARY
A period when stock market prices are high.
GLOSSARY
A sterling-denominated bond issued by an overseas organisation in the UK.
GLOSSARY
(1) An investment strategy for bonds which involves concentrating holdings in one area of the yield curve; (2) The payment of capital at the end of the period of the loan.
GLOSSARY
Repayment of all the principal in one lump sum at maturity.
GLOSSARY
An investment strategy under which a manager holds a bond portfolio with maturities that are highly concentrated at one point of the yield curve.
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Repayment of a loan in a single instalment at maturity.
GLOSSARY
An order for costs against the applicant in favour of a second respondent whereby the applicant recovers the costs from the first respondent.
PRACTICE NOTES
This Practice Note examines the practice in redundancy situations known as ‘bumping’, which occurs where an employee (who is not apparently redundant) may be dismissed as redundant because of a diminished need for another employee’s work and becomes entitled to a redundancy payment. It sets out the circumstances in which a bumping redundancy dismissal may arise and can be a potentially fair reason for dismissal. It also examines whether an employer faced with a potential redundancy situation has a duty to consider bumping in every case and the relevant factors for the employer to consider. An employee is entitled to a redundancy payment if they are dismissed by reason of redundancy, where they have been continuously employed for the statutory qualifying period (see Practice Note: Entitlement to statutory redundancy payment), or they are entitled under a contractual redundancy scheme (see Practice Note: Contractual redundancy payments). An employee is dismissed by reason of redundancy if (amongst others) the reason for their dismissal is that there is an actual or anticipated cessation or diminution in ‘the requirements of the business for employees
NEWS
Local Government analysis: The Upper Tribunal (HESC Chamber) set aside the decision of the First-tier tribunal, in relation to an appeal by RP against her two sons’ Education Health and Care Plans (EHCPs). The appellant’s argument that errors in bundle pagination made it difficult her to navigate the hearing thus putting her at a disadvantage, was accepted and considered to amount to procedural irregularity. Additionally, the First-tier tribunal had accepted that the EHCPs required changes to be made for clarity, but had not ordered the required changes to be made on the basis that they would be made at an anticipated review. That amounted to an error of law. Written by Tamara Dasht, associate at Browne Jacobson LLP.
GLOSSARY
The rules'>Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 set out the requirements in relation to the contents and the filing of court bundles in family proceedings in FPR 2010, PD 27A, with effect from 22 April 2014 (with further amendments to FPR 2010, PD 27A in effect from 31 July 2014 and 23 July 2018). Notably, FPR 2010, PD 27A provides that, unless the court specifically directs otherwise, the bundle must be contained in one A4-size ring binder or lever arch file limited to no more than 350 sheets of A4 paper and 350 sides of text. Amendments, in place from 23 July 2018, introduced page limits for certain types of documents, requirements in relation to bundles of authorities, and various provisions that make it clear that FPR 2010, PD 27A applies, with certain modifications, to electronic as well as paper bundles. Guidance has also been issued as to electronic bundles.