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    Pensions Regulator statement on financial support directions and insolvency
    2012-08-06

    On 26 July, the Pensions Regulator (TPR) published a statment on financial support directions (FSDs) and insolvency, with the aim of helping 'the pensions and insolvency industries understand TPR's approach in relation to financial suppirt directions in insolvency situations.'

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, The Pensions Regulator (UK)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    The Pensions Regulator’s statement on FSDs and insolvency, and other pensions developments
    2012-08-15

    In this August edition of the Pensions E-Bulletin, we look at the Pensions Regulator’s statement on its approach to financial support directions (FSDs) in insolvency situations, the shortened guidance on incentive exercises issued by Pensions Regulator following the publication of the industry code of good practice as well as noting the updated guidance on multi-employer scheme departures and the consultation by the Takeover Panel on proposals relating to pension scheme trustees. 

    FSDs and insolvency – the Regulator’s statement

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Shepherd and Wedderburn LLP, Unsecured debt, The Pensions Regulator (UK)
    Authors:
    Andrew Holehouse , Louisa Knox , Edwin Mustard
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    Pensions Regulator issues statement to insolvency sector
    2012-08-29

    The Pensions Regulator (the "Regulator") has published a statement to help banking, insolvency and restructuring professionals understand its approach to its Financial Support Direction ("FSD") powers in insolvency situations.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Baker McKenzie, The Pensions Regulator (UK)
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    UK pensions: summer round-up
    2012-09-11

    This summer has seen several pension issues making the news. They show how essential it is for employers and trustees to keep abreast of how developments impact on their arrangements.

    Jay Doraisamy looks at five areas which have made the headlines this summer:

    Filed under:
    United Kingdom, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Dentons
    Authors:
    Elmer Doonan , Jay Doraisamy , Harriet Fletcher , Alan Jarvis , Andrew Patten
    Location:
    United Kingdom
    Firm:
    Dentons
    Upper Tribunal ruling in Lehman companies' financial support direction litigation
    2012-07-11

    In September 2010, the Determinations Panel of the Regulator (the "DP") issued financial support directions ("FSDs") against six companies in the Lehman Brothers Group, but determined that no FSDs would be issued against 38 other companies in the group. The trustees of the Lehman Brothers Pension Scheme appealed the decision not to issue FSDs against these 38 companies to the Upper Tribunal. However, the companies applied for the trustees' appeal to be struck out.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker McKenzie, Lehman Brothers
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Hot topics in pensions
    2012-07-13
    1. Transfers  

    From April 2012 it has been possible to make transfer payments from contracted-out to contracted-in pension plans. Many members have a statutory right to such a transfer (irrespective of contrary restrictions in pension plan rules). Legislation sets down a number of member safeguards that must be met. Any transfer is subject to a receiving scheme being willing to accept it. Trustees should be aware of the impact on administration and member communications.  

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, The Pensions Regulator (UK)
    Authors:
    Catherine McKenna , Wendy Hunter , Charmian Johnson , Ian Forrest
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Can the official assignee pocket pensions?
    2012-06-29

    In Raithatha v Williamson [2012] EWHC 090 Ch, the English High Court was asked to decide whether a bankrupt’s entitlement to a pension, which he had not yet elected to receive, should be subject to an order for income payment.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Buddle Findlay, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Is your pension pot up for grabs?
    2012-06-26

    Those thinking that the trials and tribulations of the recession may have passed them by and that, if all else failed, at least the pension was safe, may have to think again following two recent court decisions in which pensions came under attack from creditors and trustees in bankruptcy.

    The vexed question of whether a future right to receive a pension can be attached to satisfy a judgment, or can be claimed by a trustee in bankruptcy, has long since troubled the courts.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, RPC, Bankruptcy
    Authors:
    Charles Suchett-Kaye
    Location:
    United Kingdom
    Firm:
    RPC
    High Court rules on the calculation date for an employer debt in a pension scheme case
    2012-05-17

    BESTrustees v Kaupthing Singer & Friedlander [2012] EWHC 629 (Ch) (High Court Chancery Division 16 March 2012)

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Debt, Pensions Act 1995 (UK), Trustee, High Court of Justice (England & Wales)
    Authors:
    Parminder Latimer
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    Desmond: the “missing” contribution notice case
    2012-04-19

    There have been rumours in the pensions industry for a while that the Bonas case was not in fact the first contribution notice (CN) case to be decided by the Regulator's Determination Panel (Panel).  In March 2012 these rumours proved to be true when the embargo in the case of the Desmond Pension Scheme was lifted and details were published for the first time.  This speedbrief considers the Panel's determination to impose contribution notices on two individuals (Mr Desmond and Mr Gordon) and the Upper Tribunal's decision on various preliminary iss

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Eversheds Sutherland (International) LLP, Shareholder, Pensions Act 2004 (UK)
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP

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