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The CJEU judgment in PSV v Bauer (Case C-168/18) was finally handed down today, with many in the industry having held their breath in anticipation since Advocate General Hogan published his Opinion, in May this year. In that Opinion he concluded that Article 8 of the Insolvency Directive requires Member States to protect an employee’s … Read more
With the election done and dusted and a strong Conservative majority now in place in time for Christmas, what does the New Year hold for pensions? Read more
The latest edition of our Pensions Planner is now available to help you plan for 2020 and beyond. Click on the image below to download your copy. The Planner and our handy timeline will help you keep track of the latest developments in pensions law and practice and identify the key pensions issues that your … Read more
The Supreme Court in England has two issues to consider in the appeal which opens today. First, should the company be held to be vicariously liable for the acts of its employee in this case? It concerns, after all, a rogue employee, who took payroll data with which he was entrusted home on a USB … Read more
Welcome to the first edition of our new quarterly pension disputes bulletin. In these bulletins we will report on key cases, Ombudsman determinations and regulatory activity and identify emerging risks for pension schemes, sponsors, administrators and other service providers. In this edition we cover: key developments in relation to pension transfers and GMP equalisation recent … Read more
PASA has today issued guidance, drafted by the Equalisation Working Group, which outlines methods that schemes could use to implement GMP equalisation. The guidance also addresses some of the tricky issues that are likely to arise on most GMP equalisation projects including what to do about: past transfers in “no further liability” cases (i.e. where … Read more
The Pensions Ombudsman’s annual report for 2018/19 shows that the number of pension related complaints continues to rise, with 1,538 new investigations opened by the Ombudsman in the past year (a 5% increase on the previous year). The top 10 reasons for new complaints remains largely unchanged from 2017/18, although the order has changed. However, … Read more
Listen to our latest pensions de-risking podcast (12 mins) as Rachel Pinto, Pensions Partner discusses the implications of GMP equalisation for pension scheme buy-outs with Uzma Nazir, Head of Origination Structuring, Pension Insurance Corporation. In the discussion, Uzma shares her views on: how buy-out insurers are approaching the issue of GMP equalisation how GMP equalisation … Read more
Potentially, yes. If the judges in the Court of Justice of the European Union (CJEU) follow the Opinion of Advocate General Hogan in the German case of PSV vBauer (Case C-168/18).
This case, once again, raises the question of the extent to which an individual's workplace pension benefits should be protected under EU law by an institution set up by a Member State to provide protection where the individual's employer or former employer has become insolvent. Read more
