Stephenson Harwood pensions team advise RoadChef Pension Scheme trustees on £24 million insurance bulk annuity contract - Philip Goodchild, Dan Bowman and Julia Cooper have advised the trustees of the RoadChef Pension Scheme in relation to a £24 million bulk annuity contract with Canada Life which secured all the Scheme members' benefits. In particular, the pensions team advised on the benefits to be secured under the contract as provided in the Scheme's current and historic governing documentation.
Following the changes to the Lifetime Allowance ("LTA") regime effective from 6 April of this year, we have some more clarity on how these changes will operate in practice and on the implications for individuals with Enhanced Protection or any of the Fixed Protections. In this briefing we highlight three key points.
Chris Edwards-Earl says The Pensions Regulator (TPR) has taken the opportunity to emphasise to trustees the message of "monitor" and "notify" but asks, with economic headwinds, and the regulator expressing concerns, will we be seeing a growth in regulatory intervention?
The focus of today's Spring Budget was growth. "Prosperity with purpose", based on 4 pillars of industrial growth. The third of these pillars and the one we're most interested in is "employment". Excluding students, there are over 7 million working age adults in the UK who are classed as economically inactive. From the Treasury's perspective this is highly problematic for economic growth.
In an article published by Professional Pensions, partner Stephen Richards and senior knowledge development lawyer Julia Ward, discuss transfers out, and whether trustees are at greater risk than they realise.
Back in our July briefing we discussed how the Pension Schemes Act 2021 provided for a framework for a new defined benefit funding regime. In particular, the framework would require defined benefit schemes to have a funding and investment strategy for the purpose of ensuring benefits under the scheme can be paid over the long term.
In the 12 months to August 2022, RPI has increased by 12.3% and CPI 9.9%. With this recent significant rise in inflation, employers and trustees have been asking what the impact of this is upon their defined benefit pension schemes. Members are also concerned that, against high inflation and a 'cost of living crisis, their pensions will maintain their value in real terms.
A number of pension funds have challenged the decision of the then-Chancellor and the UKSA to align RPI with CPIH. In this alert we discuss the outcome of that challenge and the impact of the decision on defined benefit pension schemes.
The Pension Schemes Act 2021 provided for a framework for a new defined benefit funding regime. In particular, the framework would require defined benefit schemes to have a funding and investment strategy for the purpose of ensuring benefits under the scheme can be paid over the long term. The DWP is now consulting on draft regulations which explain what this will mean for trustees in practice. Read more to find out what trustees will be required to produce along with other changes and next steps.
Writing for Professional Pensions, managing associate Chris Edwards-Earl analyses a recent employment tribunal case, Folarin v Transport for London. In the piece, Chris explains how the case highlights the growing pressures on member nominated trustees, and why it illustrates that the growth of professional trusteeship is set to continue. (£)
Writing for LexisNexis, senior knowledge development lawyer Julia Ward examines the key themes in the Pension Regulator's Annual Funding Statement 2022. This is particularly relevant for trustees and sponsors of defined benefit pension schemes with valuation dates between 22 September 2021 and 21 September 2022 by setting out how to approach valuations in the current political-economic climate.
TPR’s consultation on consolidated draft enforcement policy and updated prosecution policy aims to provide greater transparency on enforcement and prosecution
Pensions analysis: The Pensions Regulator (TPR) has published its consultation response and draft enforcement policy, consolidating previous policies and helping to make the enforcement powers clearer through more streamlined policy documents. Following the response, TPR has launched a further consultation on its draft enforcement and prosecution policy. Chris Edwards-Earl, senior associate at Stephenson Harwood analyses the consultations and its implications for pensions schemes.
A recent case (Butler-Sloss and others v Charity Commission for England and Wales) has been handed down where the court has permitted the trustees of two charities to adopt an ESG-based investment strategy. This is notwithstanding that the trustees acknowledged that the investment strategy would provide a lower rate of return in the short-term when compared with other, less restrictive, investment strategies.
Writing for Professional Pensions, senior associate Chris Edwards-Earl discusses two recently published cases where the Pensions Regulator exercised its moral hazard powers, which have been recently strengthened by the Pension Schemes Act 2021. (£)
Pensions analysis: It seems that it is now full steam ahead for the introduction of pension dashboards. A pension dashboard will be an online platform that can be used by pension scheme members to access information about all of their occupational pension schemes (including the State Pension) in one place. It is the responsibility of the Pensions Dashboards Programme (PDP) to design and implement the infrastructure that will make pensions dashboards work. The government is currently consulting on draft regulations which set out the detailed framework for the provision and operation of this service, as well as the obligations on occupational pension schemes to onboard onto a dashboard.