Trustee Knowledge Update 1

United Kingdom
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We have now published the second edition of our Trustee Knowledge Update.  The Update aims to provide trustees with information on recent legal developments to help them satisfy their duties in relation to the requirements in the Pensions Act 2004 concerning the need for knowledge and understanding of the law relating to pensions and trusts.

Some of the key features of this Update are:

Regulator

  • Revised draft Clearance Guidance
  • Analysis of Recovery Plan Data (describing the experience in relation to Recovery Plans to date)

Legislation

  • Companies Act 2006 (a look at the relevance of the provisions which have come into force so far for corporate trustees)

Cases

  • Cripps v Trustee Solutions (how to treat a male member aged over 60 and under 65 at the date winding-up began who had accrued benefits in the scheme’s Barber window)
  • Sovereign Trustees v Glover (effective use of amendment power where not properly documented)

Government

  • DWP consultation on age discrimination and flexible retirement
    ers
  • DWP statement on policy intent behind amendments to the debt regulations in relation to legitimate scheme mergers and transfers

Things to look out for

  • Pensions Act 2006 - IDR provisions
  • Member-Nominated Trustees (significance of 31 October 2007)