The Month In Pensions – November 2020 – Are you ready for cyber scams? from 2020-12-02T10:53:20

In The Month In Pensions for November 2020, we focus on two related and increasingly intertwined areas – pension scams and cyber crime - and ask are you ready for...

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The Month In Pensions – October 2020 – Where will you be in 15 years' time? from 2020-10-26T15:21:07

In The Month In Pensions for October 2020, we join The Pensions Regulator in gazing into the future and consider what the world of pensions will be like in 15 years' time.

See The Pension Regula...

Back to school, back to reality - The Month in Pensions - September 2020 from 2020-09-28T14:14:29

In The Month In Pensions for September 2020, we go back to school and consider what is coming down the tracks for trustees and employers in the final third of 2020.

Ian Chapman-Curry is also joi...

The robot will see you now - The Month In Pensions - July 2020 from 2020-07-27T12:43:33

In The Month In Pensions for July 2020, we focus on the role that technology will play in improving customer service in the pensions industry.

Ian Chapman-Curry is also joined by Gowling ...

Tipping point for consolidation? - The Month In Pensions - June 2020 from 2020-06-29T11:14:31

In The Month In Pensions for June 2020, have we reached a tipping point for consolidation in the pensions industry? Is it time for superfunds and collective defined contribution?  

And, i...

Accelerating the pace of change (The Month In Pensions - May 2020) from 2020-05-26T04:00

In The Month In Pensions for May 2020, is COVID-19 accelerating the pace of change and the adoption of technological and digital solutions in the pensions industry?

Ian Chapman-Curry is j...

Adapting to a new normal - The Month In Pensions April 2020 from 2020-04-28T12:00

The Month In Pensions looks at the key developments in the UK pensions industry over the previous month. For April 2020, we focus on the continued impact that COVID-19 is having on the pensions ...

Business Continuity in a Time of Crisis - The Month In Pensions March 2020 from 2020-03-31T09:47:54

The Month In Pensions looks at the key developments in the UK pensions industry over the previous month.

For March, we focus on the impact that coronavirus is having on business continuit...

Getting ready for GDPR - Part five - Communicating with members from 2018-03-27T16:25:57

Getting ready for GDPR - Part four - Legal issues and trustee decisions from 2018-03-27T14:19:29

Getting ready for GDPR - Part three - Dealing with third parties from 2018-03-27T13:34:15

Getting ready for GDPR - Part two - Understanding your scheme's data from 2018-03-27T13:33:32

Getting ready for GDPR - Part one - Data protection laws are changing from 2018-03-27T13:32:51

PI30P 30 - Pension schemes and tax for individuals from 2017-09-21T13:00

Key points

• Tax relief in the context of pensions (both during the saving phase and at the point of access) requires care and atte...
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PI30P 29 - Conflicts of interest and pension scheme trustees from 2017-09-19T13:00

Key points

• Trustees cannot act lawfully when unduly influenced by a conflict of interest;
• A conflict of interest can impact on the validity of...
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PI30P 28 - The Transfer of Undertakings (Protection of Employment) Regulations and pensions from 2017-09-14T13:00

Key Points

• TUPE is a very complicated area of employment law. It is particularly difficult when it interacts with pension rights. Specific legal advice...
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PI30P 27 - Termination of employment - compensation for pension losses from 2017-09-12T13:00

Key Points

• Calculating pension loss can be complex, especially where the employee was defined benefit pension scheme.
• The Employment Tribunal service publi...
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PI30P 26 - Salary sacrifice and pensions from 2017-09-07T13:00

Key points

• Under a pensions salary sacrifice arrangement an employee gives up part of their cash salary in return for pension benefits
• Typical...
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PI30P 25 - Family leave and impact on pension contributions and benefits from 2017-09-05T13:00

Key Points

• Whether pension benefits should continue to build up whilst an employee is on family leave depends on whether the employee is on a period of...
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PI30P 24 - Discrimination - sex and marital and civil partnership from 2017-08-31T13:00

Discrimination: Sex

Key Points

• This note is primarily focussed on the sex discrimination issues which have arisen ...
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PI30P 23 - Discrimination - part time and fixed term workers from 2017-08-29T13:00

Part one - discrimination and part-time employees

Key points

• A part-time worker must not be treated less favourabl...
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PI30P 22 - Discrimination - age discrimination from 2017-08-24T13:00

Key Points

• The overriding principle under the Equality Act 2010 is that it is unlawful to discriminate against an individual based on their age unless ...
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PI30P 21 - Discrimination - overview from 2017-08-22T13:00

Key points

• The Equality Act 2010 prohibits direct discrimination and indirect discrimination on the grounds of a protected characteristic.
• The...
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PI30P 20 - Winding up occupational pension schemes from 2017-08-17T13:00

Key points

• Winding up an occupational pension scheme means that the scheme will come to an end, the trustees will collect in the scheme's assets and di...
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PI30P 19 - Changing pension arrangements - extrinsic contracts from 2017-08-15T13:00

Key points

• The employer and members of a scheme can contractually agree that the member's entitlement under the scheme will be different to that under ...
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PI30P 18 - Changing pension arrangements - employer’s duty of good faith from 2017-08-10T13:00

Key points

• The Imperial case (Imperial Group Pension Trust Ltd. v. Imperial Tobacco Ltd. [1991] 1 W.L.R. 589) established that an emp...
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PI30P 17 - Changing pension arrangements - consultation with employees from 2017-08-08T13:00

Key points

• Employers with more than 50 employees are required to consult with 'affected members' if they propose making certain types of changes to pen...
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PI30P 16 - Scheme modification - overview from 2017-08-03T13:00

Key points

• Amendment or modification powers generally are found in scheme rules not in pensions legislation
• Pensions legislation restricts the way a scheme...
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PI30P 15 - The Pension Protection Fund from 2017-08-01T13:00

Key Points

• The Pension Protection Fund (PPF) provides compensation for members of defined benefit (DB) pension schemes whose spon...
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PI30P 14 - Underfunded schemes - insolvent employers from 2017-07-27T13:00

Key points

• Independent trustee of pension scheme may be appointed
• Other trustees' discretionary powers fall away
• Employer as sole tru...
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PI30P 13 - Managing pension scheme liabilities from 2017-07-25T13:00

Key Points

• Options range from amending benefits to sophisticated investments
• The employer needs to consider its duty of good faith
• RP...
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PI30P 12 - Ongoing scheme funding - refunds of surplus to employer from 2017-07-20T13:00

Key points

• There are circumstances in which a defined benefit pension scheme may have a funding surplus.
• Refund of surplus to an employer is p...
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PI30P 11 - Ongoing scheme funding - internationally mobile workers from 2017-07-18T13:00

Key Points

• There are no statutory restrictions on membership of a UK pension scheme by persons who do not live or work in the United Kingdom.
• ...
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PI30P 10 - Ongoing scheme funding - contingent assets from 2017-07-13T13:00

Key Points

• Contingent assets are additional employer or group assets that trustees can access on the happening of a specific event or events
• E...
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PI30P 09 - Ongoing scheme funding - contribution obligation when employer departs from scheme from 2017-07-11T13:00

Key points

• Ceasing to employ active members in a defined benefit pension scheme at a time when another employer continues to employ active members into...
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PI30P 08 - Ongoing scheme funding - overview from 2017-07-06T13:00

Key points

• Most defined benefit pension schemes are funded through a combination of employer contributions and investment returns, although the require...
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PI30P 07 - The Pensions Regulator - powers to protect pension schemes from 2017-07-04T13:00

Key Points

• The Pensions Regulator's (TPR) anti-avoidance powers include contribution notices and financial support directions.
• They can be use...
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PI30P 06 - The Pensions Regulator - Notifiable events from 2017-06-29T13:00

Key points

• Employers and trustees have a statutory duty to notify the Pensions Regulator if certain prescribed events occur in an occupational pension ...
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PI30P 05 - The Pensions Regulator- duty to report breaches of the law from 2017-06-27T13:00

Key Points

• Trustees, managers, administrators, participating employers, professional advisers and those otherwise involved in advising trustees are under a duty to report breaches o...
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PI30P 04 - The Pensions Regulator - overview from 2017-06-22T13:00

Key Points

• TPR has statutory objectives which include protecting pension scheme members' benefits
• TPR has a broad range of investigative, remedial and anti...
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PI30P 03 - Workplace pension reform and automatic enrolment from 2017-06-20T13:00

Key Points

• Anyone who employs workers in the UK will have to comply with new employer duties with effect from their 'staging date';
• An employer's 'staging date...
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The General Data Protection Regulation (GDPR) and pensions from 2017-06-19T10:54:51

The pensions industry has one year to prepare for new regulations coming its way. Europe's new data protection legal framework is set out in the General Data Protection Regulation (GDPR) which w...

Pensions legal update - May 2017 from 2017-06-16T09:42:47

Every quarter, the Gowling WLG pensions team prepare a legal update covering the most relevant issues and developments for trustees and employers. The update covers new legislation, regulatory c...

PI30P 02 - Contracting-out of the State Second Pension from 2017-06-15T13:00

Key points

• Prior to 6 April 2016, an occupational pension scheme could contract out of the Additional State Pension on a defined benefit (DB) basis.
• Prior to 6...
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PI30P 01 - Introduction to workplace pension provision in the UK from 2017-06-12T11:25:58

Key points

• Pensions in the UK are provided in a number of different ways:
  • state pensions versus private pensions;
  • occupational versus personal pen...
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