Roderick Ramage

list of articles on pension law topics

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disclaimer

None of these articles or precedents is advice to any person and none of them may be taken as a definitive statement of the law in general or in any particular case. The author does not accept any responsibility for anything that any person does or does not do as a result of reading them.

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	contents
93	pension changes in the 2003 budgets or PDF
	While the pension provisions in the Spring budget continue the steps taken by the concernment to mitigate the tax consequences of tapered relief (see articles 90 and 65), the increase in the annual allowance to £60,000 and the abolition of the lifetime allowance will benefit everybody who is relatively highly paid.
	1st published 2 April 2022 (distribution to professional contacts)
92	SSAS trustees and lack of mental capacity or PDF
	While the loss of mental capability affects all pension and other trustees and can trigger the remaining trustees’ power under the Trustee Act 1925 to appoint a new trustee, the impact on “small schemes” is particularly severe, because of the statutory requirements for the trust instrument to provide for their trustees to act unanimously. This note includes possible solutions, including the appointment of another person to undertake the functions of the trustee who become incapable.
	1st published 2 April 2023 (distribution to professional contacts)
91	ill health and pensions or PDF
	A summary of the pension and lump sum benefits that pension scheme may provide for members suffering from serious ill-health and the condition on which they may be paid.
	1st published 8 January 2023 (distribution to professional contacts)
90	development in the NHS Pension Scheme or PDF
	Supplement to article 65 of 4 November 2019 about the unintended consequences of the introduction in 2016 of tapered annual allowances, which, because of the rigidity of the NHS’s employment and pension terms, had a particularly adverse effect, imposing penal tax charges on senior, highly paid, medical and other staff. This update review what has been done to mitigate the problem.
	1st published 8 January 2023 (distribution to professional contacts)
89	pension scheme taxation in two pages or PDF
	The Finance Act 2004. A dangerously oversimplified bird’s eye view of the main reliefs from and charges to taxation, original described by the Government as simplification.
	1^st published 16 October 2022 (distribution to professional contacts)
88	reverse engineering to clarify unclear legislation or PDF
	An abbreviated version of article 87.
	1^st published 16 October 2022 (distribution to professional contacts)
87	reverse engineering to clarity unclear legislation or PDF as published in NLJ
	Drafting and interpretation. George Coode’s tract On Legislative Expression (2^nd edition 1852), which analyses and explains the components of any legislative expression (legal subject, legal action, case and conditions), also provides a key for unlocking the legislature’s meaning when it is not clear. Illustrated by the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006, SI 2006/131 reg 12.
	first published in New Law Journal 12 August 2022
86	GMP equalisation - conversion and taxation or PDF
	Each step along the path to equalisation is met by more obstacles and sometimes solution. Here is a summary of HMRC’s latest guidance.
	1^st published 27 July 2022 (distribution to professional contacts)
85	a stronger nudge – flexible access and Pension Wise or PDF
	The popular fear on the introduction of flexi-access from 6 April 2015, by which members of money purchase pension schemes would be able to draw down their pension funds without limit was that the improvident might empty the whole the fund to buy Lamborghinis or the like. The reality is that flexi-access has become a fruitful hunting ground for fraudsters and snake oil merchants to lure pension savers into risky or even non-existent investments. The need to protect vulnerable and gullible pension savers has led to legislation for guidance to be made available.
	1^st published 27 July 2022 (distribution to professional contacts)
84	dispute resolution – pensions and financial or PDF
	The Pensions Ombudsman and the Financial Ombudsman Service have overlapping jurisdictions, which about which the two bodies signed a memorandum of understanding .
	1^st published 22 April 2022 (distribution to professional contacts)
83	How to Satisfy a GMP or PDF
	Interlude while HMRC continues to ponder GMP equalisation. A comic mocking verse by K Wallace, May 1994
	1^st published 22 April 2022 (distribution to professional contacts)
82	Sharia pensions or as a PDF
	This note is no more than an attempt to illustrate the kind of issues which might be raised with employers and their advisers when offering or compulsorily enrolling Muslin employees into membership of a pension scheme.
	1^st published 3 January 2022 (distribution to professional contacts)
81	multi-employer schemes and the pensions debt or as a PDF
	This note supersedes but does not materially alter article 31 below. NB Article 13, originally posted here in 2018 had been updated to include deferred debt arrangements introduced from 6 April 2018 by SI 2018/237. Note about the s75 debt on an employer ceasing to participate in a pension scheme and the two exemptions added by the 2010 regulation to the possibility of making an apportionment or a withdrawal arrangement to reduce the debt payable immediately or (added from 27 January 2012 by the 2011 regulations) apportioning the employer’s liabilities without triggering a pension debt.
	(main article) 1^st posted on this site 9 January 2022 and (the reduced version in PDF) 1^st published 3 January 2022 (distribution to professional contacts)
80	moral hazard and other penal powers or as a PDF
	TPR’s powers under the so-called moral hazard provisions of the Finance Act 2004 (see articles 9, 13 and 28 below) have been strengthened by the Pension Schemes Act 2021 including two additional grounds on which a contribution notice can be issued, and criminal offences and civil penalties.
	1^st published 30 September 2021(distribution to professional contacts)
79	normal minimum age or as a PDF
	The normal rule is that a pension paid before age 55 is an unauthorised member payment and liable to a tax charge, but there are some pensions to which the age requirement does not apply.
	1^st published 30 September 2021(distribution to professional contacts)
78	SSAS or SIPP or as a PDF
	These are two types of small pension scheme suitable for people who wish to have control of the kind of investments are held in his or her pension scheme and in some instances in or as loans to the saver’s employer. This note summarised the similarities and differences between them including tax treatment, investments, employer-related investment and loans.
	1^st published 12 April 2021 (distribution to professional contacts)
77	death benefits – tax and the 2-year rule or as a PDF
	There are several lump sum death benefits payable to beneficiaries selected at the discretion of the trustees, commonly but not always in accordance with an expression of wishes made by the member and deposited with the trustees. These payments are taxable if not paid within two years of the date on which the trustees first knew or ought to have known of the member’s death. This not summarises some determinations of the Pensions Ombudsman in which dilatory trustees have been ordered to compensate beneficiaries for the amount of tax deducted.
	1^st published 12 April 2021 (distribution to professional contacts)
76	GMP equalisation – Lloyds Bank decision 3 or as a PDF
	Lloyds Bank continues to solve GMP equalisation problems.  The most recent decision (November 2020) makes it clear that trustees must revisit past pension transfers that include GMPs and, if they were not equalised, calculate and make top-up payments.  Although there are still some uncertainties, we and our clients are running out of excuses for putting off the equalisations that must be done: see also articles 61 and 6e below.
	1^st published 1 January 2021 (distribution to professional contacts)
75	Beckmann rights or as a PDF
	Rights in an occupational pension scheme are excluded from automatic transfer under TUPE (see articles 35 and 36 below). Mrs Beckmann, whose employment with the NHS had been transferred under TUPE, was made redundant by her new employee, which refused to pay the early retirement pension, lump sum and other benefits to which she would have been entitled under the NHS scheme. The ECJ made it clear that the exemption in respect of occupational pension schemes applies to only old-age, invalidity or survivors' benefits but failed to make just what this means. The issue has not been litigated since 2012 and remains unclear and is still an occasional source of difficulty.
	1^st published 1 January 2021 (distribution to professional contacts)
74	lifetime allowance – risks and rescues or as a PDF
	Even though the original “closing date” for notification for protection was 5 April 2009, it is still possible to obtain protection if the taxpayer has a reasonable excuse for notification before the closing date and there was no unreasonable delay in notifying HMRC after the excuse ended. It might also be possible to remedy the loss of protection in exceptional cases if the loss was caused by a mistake: see also articles 58 and 64 below.
	1^st published 14 October 2020 (distribution to professional contacts)
73	investment regulated pension schemes – taxable property or as a PDF
	If a pension scheme has fifty or fewer members and at least one of them or a person elated to a member can direct or influence the investments made by the scheme, there will be serious tax penalties if the scheme invests in taxable property, ie is residential property or tangible movable property.
	1^st published 14 October 2020 (distribution to professional contacts)
72	pension schemes and inheritance and other tax on death or as a PDF
	This note summarises the main principles of inheritance tax and the exceptions which apply to death benefits under registered pension schemes and the changes which apply from age 75 and discusses the use of a spousal bypass trust to minimise the IHT on the spouse’s death.
	1^st published 27 July 2020 (distribution to professional contacts)
71	age discrimination and pension scheme or as a PDF
	Pensions are inherently age discriminatory, but, instead of a blanket exemption, the legislation provides specific exemptions for different circumstances. This article replaces article 21 of 28 December 2006, which summarised the law before the Equality Act 2010.
	1^st published 27 July 2020 (distribution to professional contacts)
70	stopping pension scheme contributions supplement or as a PDF
	Part way through the distribution of update 69 the questions was asked: “What about employers who wish to reduce their contributions?” Hence this supplement to look at the employer’s perspective and apply update 29 (see below). It makes a nonsense of the Government’s policies to support business during the Covid-19 crisis that the consultation regulations require 60 days consultation before deciding to reduce pension contributions. Hence this supplement. It is expected that the Pensions Regulator will make an announcement about waiving or relaxing the consultation requirement.
	1^st published 31 March 2020 (distribution to professional contacts)
69	stopping pension scheme contributions or as a PDF
	Employees being put on furlough might want to know whether they can stop or reduce their pension contributions and what are the consequences. They might ask in any circumstances, but the question has become more acute as the financial consequences. of the Covid-19 start to bite. Here I summarise the basic legal principles principle and what alternatives are available.
	1^st published 31 March 2020 (distribution to professional contacts)
68	pension scheme cash flow forecasts or as a PDF
	Pension schemes are cash flows over 70 or 80 years or longer, contributions and investment returns in and benefits out, which, once in every three years are discounted to a single number, a surplus or a deficit, which is treated as the only significant figure to describe the scheme. This complies with the law, might be the only way to compare schemes, but does not help trustees, employers and others to understand the scheme’s finances in the medium term. I suggest that it would help the decision making of trustees and employers to provide them with year by year cash flow projection over the next, say, twenty years, in addition to the statutory valuations.
	1^st published 31 March 2020 (distribution to professional contacts)
67	collective defined contribution schemes or as a PDF
	The Pensions Bill, if enacted, will enable employers to offer salary related pensions funded on a money purchase basis (ie without the risk of a deficit), which will be paid from the scheme (instead of buying annuities) or relying individually on drawdown. Longevity and investment risks will be spread across the whole membership, and trustees will have power to increase or reduce pensions on actuarial advice. Other measures in the Bill include the provision of a “pensions dashboard” and increased powers for the Pensions Regulator.
	1^st published 1 January 2020 (distribution to professional contacts)
66	trustees, individual or corporate or as a PDF
	Trustees and companies with pension schemes ask for the impossible. They want an explanation on a single A4 sheet of pension scheme trusteeship (function, duties, risks), while all lawyers know that a 1,000 page textbook will give you a basic understanding of the law, “and while you are at it, please tell us the pros and cons of a company trustee.”
	1^st published 4 November 2019 (distribution to professional contacts)
65	taxation and the NHS pension scheme or as a PDF
	The introduction in 2016 of tapered annual allowances as part of the Government’s policy of restricting pension tax relief for the highly paid had the unintended consequence of senior clinician reducing their work to avoid penal taxation. The disruption to NHS services prompted the Department of Health & Social Care to consult about introducing some flexibility into the NHS’s employment practices and pension scheme to mitigate the problem – but not to provide a remedy for those, who had already suffered tax, which need not have been imposed under a more flexible pension scheme.
	1^st published 4 November 2019 (distribution to professional contacts)
64	the Hymanson decision or as a PDF
	This case does not make new law, but is a very useful illustration of the use of the equitable principle of rectification to remedy an injustice, when a mistake causes a disproportionate loss, which it would be unconscionable not to remedy. Mr Hymanson had a lifetime allowance protection certificate, but was confused about advice given to him and mistakenly believed that he did not need to cancel standing orders by which he paid contribution to three pension plans. HMRC revoked his certificate , but the First-tier Tribunal (Tax Chamber) directed HMRC to issue a new certificate.
	1^st published 21 June 2019 (distribution to professional contacts)
63	GMP conversion 10 steps or as a PDF
	One, possibly the most straightforward, method of equalisation of pensions with GMPs is to convert the GMPs into scheme benefits. On 18 April 2019 the DWP published its Guidance on the use of the Guaranteed Minimum Pensions (GMP) conversion legislation, in which, in section 4 (An outline of the DWP methodology) it set out the 10 stage process which “results in the adjustment of an individual’s benefits to compensate for post 16 May 1990 GMP inequalities as well as conversion of all the individual’s GNP”.
	1^st published 8 May 2019 (distribution to professional contacts)
62	ethical investment or as a PDF
	It is said that, when Mother Teresa was asked whether should would accept money earned from gangsterism, extortion, prostitution, drug dealing and the like, she replied that she would, because the money would be sanctified by the use to which she would put it. I am not aware of any trustees holding or admitting to holding, such an argument to support their investment decisions, even though, in the last analysis, what the courts have said can be interpreted to echo the Mother Teresa principle, while acknowledging the circumstances in which trustees may and sometimes must take ethical factors into account. I attempt here to summarise the present state of the law.
	1^st published 22 April 2019 (distribution to professional contacts)
61	GMP equalisation or as a PDF
	Schemes and their employers and their advisers have waited long for guidance about the equalisation of GMPs. This has now been provided by the decisions in the Lloyds Bank pensions case in October 2018. Subject to the possibility of an appeal, GMPs must be equalised and, for many schemes, the conversion of GMPs to scheme benefits is likely to be the preferred method.
	1^st published 1 January 2019 (distribution to professional contacts)
60	pensions and public sector outsourcing or as a PDF
	New Fair Deal was the subject of previous updates (articles 37 and 36) and the 2007 Direction in article 24, and this one is a summary of both. In practice little has changed, despite one consultation about applying Fair Deal to the LGPS, on which another consultation is expected soon.  One significant change made in 2018 to the LGPS regulations provides for a surplus in a contractor’s part of the LGPS to be paid to the contractor: previously contractors were liable for any deficit but not entitled to any surplus.
	1^st published 1 January 2019 (distribution to professional contacts)
59	borrowing and lending by pension schemes or as a PDF
	Borrowing by pension schemes is not normally permitted and lending can be just another kind of investment. It is different with small schemes (fewer than 100 members in some cases, 12 in others), where borrowing from a bank and lending to the employer can be a practical and useful way of financing a business, but there are traps for the unwary.
	1^st published 26 October 2018 (distribution to professional contacts)
58	rectifying genuine errors – HMRC guidance or as a PDF
	Sometimes mistakes are made in the administration of pension schemes resulting in tax charge when, without the mistake, there would be none. Occasionally the mistake can result in the loss of a person’s protection of his or her lifetime allowance. In this update I summarise HMRC’s guidance about the circumstances in which a genuine error, if rectified, relieves the liability for tax.
	1^st published 30 July 2018 (distribution to professional contacts)
57	data protection - GDPR & pension schemes or as PDF
	The GDPR comes into force on 25 May 2018. This note summarises trustees’ duties, the types of date affected, the rights of pension scheme members, steps that trustees need to take and suggests that consent by members is not an appropriate ground for processing their data.
	1^st published 16 March 2018 (distribution to professional contacts)
56	pension problems in transactions or as PDF
	Five examples of what can go wrong or (sometimes go right): destroyed files and documents of closed DB schemes; data room filled by the client with inaccurate information; failure to separate the sellers’ SSAS from the company before completion; failure to take pension advice before agreeing an outsourcing contract or transfer; and the target company’s failure to comply with its AE obligations.
	1^st published 31 December 2017 (distribution to professional contacts)
55	insolvency and pensions or as PDF
	Updating bankruptcy notes (see articles 39, 41 and 42 below) and discussing the creditor’s rights in respect of a non-bankrupt member’s pension, including the possibility that claims based on Blight v Brewster might extend to the whole of the member’s rights under flexible drawdown.
	1^st published 31 December 2017 (distribution to professional contacts)
54	true and fair view or as PDF
	A challenge to the way in which defined benefit pension schemes are shown in company’s accounts, questioning whether the present accounting standards (FRS 102) give a true and fair view and suggesting that the legal arguments supporting the meaning of true and fair in the present accounting standards stretches the interpretation of case law to or beyond the limit.
	first published in the New Law Journal on 27 October 2017 and, a fortnight later, posted on this website
54a	counsels’ opinions about the true and fair view in accounts
53	employer-related and other regulated investments or as PDF
	A summary of the not wholly consistent restrictions on pension investments imposed by pension and tax legislation, particularly employer-related investments and loans, residential property and tangible moveable assets, and the relative freedom of investment available to employer-financed retirement benefits schemes. The first (HTML) version contains an additional short note about borrowing by pensions schemes.
	1^st published 20/21 June 2016 (distribution to professional contacts)
52	life assurance and automatic enrolment might be bad for you or as PDF
	The is an expanded version of article 51.
	1^st published in New Law Journal on 13 January 2017
51	life assurance and automatic enrolment might be bad for you or as PDF
	A decent pension fund and a generous death in service lump sum benefit might together exceed £1m, which from 6 April 2016 is the amount of the lifetime allowance, resulting in a tax charge on the excess, even for the moderately well paid employee.
	1^st published 31 December 2014 (distribution to professional contacts)
50	automatic enrolment, some more practical points or as PDF
	Some of these notes arose out of questions asked by clients, who from time to time raise issues that, when asked, appear to be obvious. Others touch on points on which the law and practice to not match perfectly with each other. Previous practical points are in article 44.
	1^st published 31 December 2016 (distribution to professional contacts)
49	non-material detriments final salary schemes or as PDF
	The pensions in common with other regulators has a tendency, but solely in the interests of pension scheme members, to impose the law as it wold like it to be rather than what it actually is. Contrary to what the Regulator would have trustees and employers believe there not much in practice that can be done if a pension scheme suffers a detriment that is not material.
	1^st published 31 December 2014 (distribution to professional contacts)
48	death in service schemes or as PDF
	Death in service benefits in an occupational scheme do not transfer under TUPE but similar benefit’s in a stand-alone scheme do transfer with the employees. These and other characteristics and death in service for the high paid insurance benefits for the highly are summarised here.
	1^st published 31 December 2015 (distribution to professional contacts)
47	flexi-access, money purchase and contracting-out or as PDF
	The three main topics here are the flexible access to drawdown promised in the Budget 2014 (with the increased scope for trivial commutation), the impact of the new definition of money purchase resulting in some occupational DC schemes having DB benefits and the ned to plan for he abolition of the State second pension and contracting out in 2016.
	1^st published 31 December 2014 (distribution to professional contacts)
46	corporate finance transaction or as PDF
	This is a short overview of pensions in share and asset business purchases and public sector service transfers, to show that even where there is no DB deficit there can be pension traps for the unwary. Short compared with the 2002 article (16, last updated in 2006).
	1^st published 31 December 2014 (distribution to professional contacts)
45	age discrimination and pensions
	A summary of the main impact of the age discrimination provisions in the Equality Act 2010 and regulation made under it on both occupational and personal pension schemes. Supersedes article 21 of 28/12/06
	1^st published 31 December 2013 (distribution to professional contacts)
44	autoenrolment Qs & As
	Supplementing articles 22, 28, 29 and 40, this article contains a few of the questions asked by employers and suggested answers.
	1^st published 31 December 2013 (distribution to professional contacts)
43	new Fair Deal no Fair Deal
	On the one hand the government proposes changes to Fair Deal, including providing for transferring employees to remain in their public sector schemes and removing the transferee’s obligation to provide a broadly comparable scheme. On the other some local authorities are arguing that Fair Deal does not apply to permanent transfers of services.
	1^st published 1 January 2013 (distribution to professional contacts)
42	bankruptcy and pensions
	Supplementing articles 39 and 41, this article outlines the effect of bankruptcy on a person’s pension and the powers of the trustees in bankruptcy.
	1^st published 1 January 2013 (distribution to professional contacts)
	Superseded by the revisions to article 41 and by article 55 (31/12/17).
41	the creditor and the bankrupt’s pension
	This articles expands the note in article 39 below.
	1^st published in New Law Journal on 14 September 2012
	Revised on 20 November 2016. Superseded by article 55 (31/12/17),
40	autoenrolment
	This note supersedes articles 29 and 30 below. A summary of the main aspects of the automatic enrolment of jobholders into pension schemes.
	1^st posted on this site 16 June 2012
39	the creditor and the bankrupt’s pension – short note
	Raithatha v Williamson (judgement 4 April 2012, which increases the opportunity for creditors to claim against a bankrupt’s pension. The trustee in bankruptcy may now seek an income payment order in respect of not only pensions and other benefits in payment but the bankrupt’s entitlements, even though he has not started to draw them.
	1^st posted on this site 7 April 2012
	superseded by the revisions to article 41 and by article 55 (31/12/17).
38	Multi-employer schemes and the pensions debt – 2012 update
	This note supersedes article 31 below NB This note has been updated to include deferred debt arrangements introduced from 6 April 2018 by SI 2018/237. Note about the s75 debt on an employer ceasing to participate in a pension scheme and the two exemptions added by the 2010 regulation to the possibility of making an apportionment or a withdrawal arrangement to reduce the debt payable immediately or (added from 27 January 2012 by the 2011 regulations) apportioning the employer’s liabilities without triggering a pension debt.
	1^st posted on this site 30 March 2012
37	making sure you (don’t) get your pension
	A slightly expanded version of article 36.
	1^st published Procurement & Outsourcing Journal March/April 2012
36	TUPE, pensions and contracting-out
	Explanation that some pension rights on TUPE transactions may be altered only through ACAS conciliation or a compromise agreement under s203 of the Employment Rights Act 1986, while others are free from that restriction.
	1^st published 13 January 2012 (New Law Journal)
35	TUPE and pensions
	Review of the various pension consequences of a TUPE transfer. This is not new law, but draws together matters discussed in articles 12, 20 and 24.
	1^st published 1 January 2012 (distribution to professional contacts)
34	now we are 75
	Summary of the so-called end of annuitisation at age 75 by the Finance Act 2011.
	1^st published 1 January 2012 (distribution to professional contacts)
33	pensions, tax relief and annuities
	Summary of tax relief for individuals from A-Day via Labour’s proposals and anti-forestalling to the Coalition’s £50k annual allowance and first thoughts on the forthcoming removal of compulsory annuitisation.
	1^st published 30 December 2010 (distribution to professional contacts)
32	FRS 17 & IAS 19 – Who cares about pension scheme deficits (slightly) shorter version
	The accounting standards are in practice obligatory, but do not show the information that companies, those dealing with them and pension scheme members need to know and therefore, to that extent, do not show a “true and fair” view of a company’s finances.
	1st posted on this site 26 September 2010 (not previously published)
	shorter version published 30 December 2009 (distribution to professional contacts)
31	Multi-employer schemes and the pensions debt – 2010 update
	This note supersedes article 25 below and is superseded by article 38 above Note about the s75 debt on an employer ceasing to participate in a pension scheme and the two exemptions added by the 2010 regulation to the possibility of making an apportionment or a withdrawal arrangement to reduce the debt payable immediately.
	1^st posted on this site 12 May 2010
30	employers – telling employees about pensions
	Employment law requires some (but not much) information to be given to employees about pensions, but the grey area is about how much it is prudent to tell or advise and the extent of restrictions on advice under the Financial Services legislation.
	1^st published 30 December 2009 (distribution to professional contacts)
29	pensions for all – automatic enrolment
	The Pensions Act 2008 provides for the introduction of auto-enrolment into pension schemes in 2012. This article summarises the concept of auto-enrolment, how it will apply and the requirements for an automatic enrolment scheme and contains a check list of points for employers to consider in advance preparation.
	1st published Workplace Law Magazine for February 2009 Issue 44 updated and republished 30 December 2009 (distribution to professional contacts) See updated note above at 40 of 16/06/12.
28	Pensions Act 2008
	An outline of two of the main topics in this act, automatic enrolment of jobholders into pension schemes and enhanced powers of the Pensions Regulator to deal with the so-called moral hazards first legislated against in the Pensions Act 2004 (see item 13 below).
	1^st published 30 December 2008 (distribution to professional contacts) See updated note above at 40 of 16/06/12.
27	consultation on changing pension schemes
	Summary of the obligation to consult under Pensions Act 2004 s259 before changes are made to occupational and personal pension schemes with a brief description of the changes for which consultation if required and the procedure to be followed..
	1^st published 30 December 2008 (distribution to professional contacts) – updated 14 July 2016
26	24-hour retirement – NHS pension Scheme or as PDF
	The NHS Pension Scheme permits members to retire and return to work if they retire for not less than 24 hours and in the next month do not work more than 16 hours a week in NHS employment. There is legislative authority for the first month/16 hours rule but none for the 24 hour rule.
	1st published 18 October 2008 (New Law Journal)
25	Multi-employer schemes and the pensions debt – 2008 update
	This note supersedes article 14 below. Note about the s75 debt on an employer ceasing to participate in a pension scheme and the possibility of making an apportionment or a withdrawal arrangement to reduce the debt payable immediately.
	1^st posted on this site 10 October 2008
24	Pensions for transferring employees on public sector outsourcing
	The 2007 Directions give statutory force to provision to protect the pension rights of employees who are transferred by TUPE to the private sector as a result of public sector outsourcing (by best value authorities). Previously these rights have been protected by the Fair Deal for employees guidance, which did not have statutory force. See also article 35.
	1^st published 31 December 2007 (distribution to professional contacts)
23	Multi-employer schemes – proposed new regulations
	The present arrangements (see 25 above) to trigger and deal with debts on the employer on an employer in a multi-employer scheme are to be revised, but evidently the drafting has been harder than the DWP anticipated.
	1^st published 31 December 2007 (distribution to professional contacts)
22	Pensions Act 2007 and Pensions Bill 2007
	A summary of the main features of the Pensions Act 2007, and the bill intended to become the Pensions Act 2008, much of which, notably auto-enrolment of jobholders into pension schemes and the establishment of personal accounts, is expected to come into force in 2012. See also update, article 28.
	1^st published 31 December 2007 (distribution to professional contacts)
21	Age discrimination and pensions
	A summary of the main impact of the age equality regulations on both occupational and personal pension schemes
	1^st published 28 December 2006 (distribution to professional contacts) and replaced by article of 27 July 2020
20	TUPE and pensions
	An update on the effect of the Pensions Act 2004 dealing with (1) what pension a transferee employer must provide and (2) the likelihood that the right to belong to stand-alone life assurance schemes now pass under TUPE. This is a shorter version of the article below (article 12) on the same topic. See also article 35.
	1^st published 28 December 2006 (distribution to professional contacts)
19	Deeds and rules after A-Day – longer version shorter (1 page) version
	A summary of the main alterations which are likely to be needed to pension scheme trust deeds and rules to reflect changes to the tax system on A-Day (6 April 2006) and other changes made mostly by the Pensions Act 2004. This is a draft because not all relevant regulations have been published and pension practitioners are still working out what needs to be done.
	1^st published 6 February 2006 (distribution to professional contacts), revised 10 March 2006
18	Money purchase – trust or contract based pension schemes
	A comparison of the two types with a recommendation that an employer establishing a money purchase scheme should use a contract based scheme.
	1^st published 30 December 2005 (distribution to professional contacts)
17	Reporting and whistleblowing under the Pensions Act 2004 – short The hazards of pension disclosure – longer version – or as PDF
	First a summary of matters that employers and trustees are required to report to the Pensions Regulator and secondly the circumstances in which a solicitor is required to blow the whistle.
	1^st published (short) 30 December 2005 (distribution to professional contacts)
	1^st published (long) 20 January 2006 (New Law Journal)
16	Pensions in corporate finance transactions
	An analysis of the permutations of seller’s and buyer’s pension arrangements and their impact on sales of shares or business assets
	1^st published 1 January 2002 (distribution to professional contacts) revised 1 January 2006
15	Conflicts of interest between pension scheme trustees and directors of the sponsoring company
	This is a draft and has not been published but if any reader has a view on the subject his or her comments will be very welcome and might lead t an article for publication.
	1^st published 13 September 2005. Confidential information clause added 15 August 2015
14	Multi-employer pension schemes
	NB This is superseded by article 25 above. Note about the increased s75 debt on an employer ceasing to participate in a pension scheme and the possibility of making a withdrawal arrangement to reduce the debt payable immediately.
	1^st published 2 September 2005 (distribution to professional contacts)
13	Pensions Act 2004 – “Moral Hazard”
	Description of the provisions for contributions notices, financial support orders and restoration orders
	1^st published 2 March 2005 (distribution to professional contacts)
	see also item 28 above Updated – article 80, 20 Sept 2021 above.
12	TUPE after the Pensions Act 2004
	Summary of the requirement for a transferee to provide an alternative to the transferor’s occupational pension scheme. See also article 35.
	1^st published 10 January 2005 (New Law Journal), revised 4 April and 18 November 2006
11	Pensions Act 2004
	Short summary of a few topics of practical interest
	1^st published 29 December 2004 (distribution to professional contacts)
10	Sellers’ Pension Schemes
	A note of the risk that control the seller’s own pension scheme may pass to the buyer on the sale of a company
	1^st published 29 December 2004 (distribution to professional contacts) and slightly revised on 24 May 2016
9	“moral hazard” clauses in the Pensions Bill 2004
	First thoughts on the possible impact of the contribution notice and financial support direction provisions in the bill or corporate finance transactions.
	1^st published 2 July 2004 (New Law Journal) –updated 10 July 2004, superseded 2 March 2005
8	new pension limits – pre A-Day action
	A brief note summarising the main points of the government’s proposed £1.4m lifetime limit and what advance actions might be taken. NB Substantially superseded by “Deeds and rules after A-Day 04/02/06
	1^st published 6 January 2004 (distribution to professional contacts) updated May 2004
7	Closing pension schemes – some hazards
	A brief note showing that closing a scheme can lead to it being wound up and how timing the MFR calculation may maximise of debt on the employer.
	1^st published 27 December 2002 (distribution to professional contacts) – revised 2 July 2003, New Law Journal 1 August 2003
6	TUPE & Pensions
	Letter explaining that the ECJ decision in the Beckmann case limits the exemptions of occupational pension schemes from TUPE, revised following the Martin case.
	1^st published 17 June 2002 (distribution to professional contacts) – revised 3 December 2003
5	Pensions and maternity leave
	A brief note about the employer’s and employee’s pension contributions during maternity leave
	1^st published 1 January 2002 (distribution to professional contacts)
4	Pensions after business acquisitions
	A brief note introducing issues about participation in the sellers scheme and the risks if the scheme is in deficit
	1^st published 1 January 2002 (distribution to professional contacts)
3	Stakeholder Pensions
	A summary of the basic principles of stakeholder pensions and a draft letter from an advisor to business clients
	1^st published 1 January 2002 (distribution to professional contacts)
2	Pension scheme disputes resolution procedures
	Precedents based on the requirements of the Pensions Act 1995 and brief notes.
	1^st published 4 April 1997 (New Law Journal)
1	Appointment of professional advisors to a pension scheme
	Precedent based on the requirements of the Pensions Act 1995 and brief notes.
	1^st published 4 April 1997 (New Law Journal) and updated 22 August 2018
index of topics
topic (for digests and links see contents list below)			article	date
A-Day			19	06/02/06 revised 10/03/06
			11	29/12/04
			8	06/01/04
autoenrolment			50	31/12/16
			44	31/12/13
			40	16.06.12
			29	30/12/09
			28	30/12/08
			22	31/12/07
(on abolition of contracting-out)			47	31/12/14
bankruptcy			55	31/12/17
			42	01/01/12
			41	14/09/12
			39	07/04/12
closing for accrual			7	27/12/02 revised 02/07/03
conflicts of interest			15	13/09/05
contracting out (abolition of)			47	31/12/14
contracting out (GMP equalisation)			61	01/01/19
corporate finance		(some problems)	56	31/12/17
corporate finance		(general)	16	01/01/02 revised 01/01/06
		(seller’s own scheme)	10	29/12/04
		(after completion)	4	01/01/02
		(updated summary)	46	31/12/14
employees		(information)	30	30/12/10
		(consultation)	27	30/12/08 updated 27/04/10
		(DIS schemes)	48	31/12/15
		(age discrimination)	45	31/12/13
			21	28/12/06
		(maternity leave)	5	01/01/02
		(dispute resolution)	2	04/04/97
detriments and funding			49	31/12/15
FRS 17 & IAS 19			32	26/09/10 & 30/12/10
investments, employer-related and regulated			53	19/06/17
investments, ethical			62	22/04/19
money purchase			47	31/12/14
moral hazard			28	30/12/08
			13	02/03/05
			9	02/07/04 updated 10/07/04
multi-employer schemes			38	30/03/12
			31	12/05/10
			25	10/10/08
			23	31/12/07
			14	02/09/05
NHS 24-hour retirement			26	18/10/08
notifiable events			17	30/01/05 (long) 30/12/05 (short)
professional advisers			1	04/04/97
public sector outsourcing			43	01/01/12
			37	April/May 2012
			36	13/04/12
			24	31/12/07
stakeholder			3	01/01/02 revised 01/01/13
taxation
budgets (2010)			34	01/01/12
end of annuitisation at 75, 2011			33	30/12/10
flexible access, small pots, budget 2014			47	31/12/14
lifetime allowance and death in service benefits and risks of losing protection			51	31/12/16
rectifying genuine errors – HMRC guidance
trust or contract			18	30/12/05
TUPE			36	13/04/12
			35	01/01/12
			20	28/12/06
			12	10/01/05 revised 18/11/06
			6	17/07/02 revised 03/12/03

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