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    Employee Benefit Trusts and insolvency - the next big thing?
    2017-10-03

    Remuneration schemes involving Employee Benefit Trusts (EBTs) have become more prevalent over the last 20 years, often as a way of seeking to remunerate key employees without making pay as you earn or national insurance contributions. Given the developments highlighted below, insolvency practitioners are advised to investigate such schemes in matters coming across their desks to see whether funds can be clawed back for the benefit of creditors.

    HM Revenue and Customs’ opinion on EBT schemes

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Squire Patton Boggs, Employee stock ownership plan, Tax avoidance, HM Revenue and Customs (UK)
    Authors:
    Oliver Ward-Jones
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Underfunded schemes - insolvent employers - Pensions in 30 Podcasts, Episode 14
    2017-07-27

    If an employer is affected by an insolvency event the insolvency practitioner or official receiver is obliged to notify the trustees of the employer’s pension scheme, the Pensions Regulator, and the Pension Protection Fund of the fact of the insolvency event. Here, we provide an overview of the pensions issues arising from employer insolvency.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Gowling WLG, The Pensions Regulator (UK), Insolvency Act 1986 (UK), Pension Protection Fund, Pensions Act 2004 (UK), Pensions Act 1995 (UK)
    Authors:
    Ian Chapman-Curry
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    The Pension Protection Fund - Pensions in 30 Podcasts, Episode 15
    2017-08-01

    We're now at the halfway mark of Pensions in 30 Podcasts and episode 15 provides an overview of the Pensions Protection Fund (PPF). We look at how a scheme qualifies for entry into the PPF, funding and compensation.

    Click here to listen to the podcast. 

    Key Points

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Gowling WLG, Pension Protection Fund
    Authors:
    Ian Chapman-Curry
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Third Parties (Rights against Insurers) Act 2010 - insurers can be joined to proceedings even where policy coverage remains in dispute
    2017-07-27

    Less than a year after it came into effect on 1 August 2016, the first judgment in relation to the Third Parties (Rights against Insurers) Act 2010 (the TP Act 2010) has been handed down in the case of BAE Systems Pension Fund (Trustees) Limited (the Pension Fund) v Bowmer and Kirkland Limited and others (B&K).

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Gowling WLG, Technology and Construction Court
    Authors:
    Sue Ryan
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Ongoing scheme funding - contribution obligation when employer departs from scheme - Pensions in 30 Podcasts, Episode nine
    2017-07-11

    After providing an overview of ongoing scheme funding in the last episode, here we delve deeper into contribution obligations when an employer departs from a scheme. We tackle issues including when an employer's debt is triggered, how much the debt is and explore lawful ways to avoid the debt.

    Click here to listen to the podcast. 

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Gowling WLG
    Authors:
    Ian Chapman-Curry
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    The Pensions Regulator - powers to protect pension schemes - Pensions in 30 Podcasts, Episode seven
    2017-07-04

    What role does The Pensions Regulator have when pension schemes need protecting? In episode seven of Pensions in 30 Podcasts, we look further into contribution notices and financial support directions and when they can be brought into play.

    Click here to listen to the podcast.

    Key Points

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Gowling WLG, The Pensions Regulator (UK)
    Authors:
    Ian Chapman-Curry
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    First-tier Tribunal rules that growth share issue created a preference under the EIS rules
    2017-01-30

    On 29 November 2016, the First-tier Tribunal9 held that the issue of growth shares to certain key employees had inadvertently caused an existing class of ordinary shares to carry a preferential right to assets on a winding up. The effect of this was that both prior ordinary share issues, and future share issues, failed to meet the requirement of the Enterprise Investment Scheme (EIS) rules.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, RPC, HM Revenue and Customs (UK)
    Authors:
    David Gubbay , Ben Roberts
    Location:
    United Kingdom
    Firm:
    RPC
    Trustee in Bankruptcy's right to access pension income
    2016-12-15

    Background

    In the case of Horton v Henry, the Court of Appeal has recently upheld the High Court’s decision that a Trustee in Bankruptcy cannot compel a bankrupt to draw down his pension rights where the bankrupt has not elected to do so.

    The facts

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Bankruptcy, Trustee
    Authors:
    Patrick Cook
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Court of Appeal ruling protects pensions in bankruptcy cases
    2016-11-29

    Savers who become bankrupt but have not yet drawn their pensions will not have to hand them to creditors after a ruling of the Court of Appeal put an end to fears that pension pots were at risk.

    The Court of Appeal upheld the High Court’s ruling on Horton v Henry, originally heard in 2014, settling legal difficulties arising from a conflicting judgment of Raithatha v Williamson (2012); and the introduction of the pension freedoms.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Penningtons Manches Cooper LLP, Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Maria Riccio
    Location:
    United Kingdom
    Firm:
    Penningtons Manches Cooper LLP
    Pension drawdowns in the bankruptcy spotlight
    2016-12-01

    Summary

    Court of Appeal has confirmed that a bankrupt cannot be compelled to draw down pension rights for the benefit of creditors.

    Facts

    Following the supportive High Court decision in the case of Raithatha v Williamson [2012] EWHC 900 (Ch), the trustee in bankruptcy in this case applied for an order compelling a discharged bankrupt to draw down his pension rights for the benefit of his creditors.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice (England & Wales)
    Authors:
    Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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