| 1 | UK Corporate Governance Code: overview This note provides an overview of the UK Corporate Governance Code. | Practice note: overview | Maintained |
| 2 | TUPE: pensions cases A note setting out key cases in relation to the Acquired Rights Directive and UK implementing legislation. For commentary on pensions issues arising on a TUPE transfer, see Practice note, Pensions issues on a TUPE transfer. | Practice notes | 27-May-2012 |
| 3 | Statutory debt on the employer: overview This practice note looks at the circumstances in which the trustees of a salary-related pension scheme may claim against the scheme's employer for any shortfall in the scheme assets if the employer becomes insolvent, the scheme wind up or, in the case of a multi-employer scheme, a participating employer stops participating while the scheme continues. The trustees' claim amounts to an employer debt under section 75 of the Pensions Act 1995. This note summarises how a section 75 debt can be triggered and how it should be quantified. | Practice note: overview | Maintained |
| 4 | Restructuring final-salary schemes (2): implementing the ... This practice note examines some key issues relating to the implementation by employers and trustees of measures to restructure final-salary pension schemes. | Practice notes | Maintained |
| 5 | Restructuring final-salary schemes (1): options for employers This practice note examines the main options available for employers that want to restructure their final-salary pension schemes, with a view to reducing future contributions and administration costs. | Practice notes | Maintained |
| 6 | Regulated activities: establishing, operating or winding up a ... A discussion of the regulated activities of establishing, operating or winding up a stakeholder pension scheme or a personal pension scheme, as well as the exclusions and exemptions that are applicable. | Practice notes | Maintained |
| 7 | Pensions Regulator: employer reporting requirements This practice note considers the requirements on employers that sponsor or participate in occupational pension schemes to report certain matters to the Pensions Regulator. The requirements were introduced by the Pensions Act 2004. This practice note considers employers' reporting requirements. For information on trustees' reporting requirements, see Practice note, Pensions Regulator: trustee reporting requirements. | Practice notes | Maintained |
| 8 | Pensions Regulator powers: practical issues for company ... This practice note examines some practical issues for company directors arising from recent changes to the "moral hazard" or "anti-avoidance" powers of the Pensions Regulator. | Practice notes | Maintained |
| 9 | Pension trustee investment powers and duties: a quick guide The main points relating to investment of scheme assets by pension trustees, summarising the powers and duties arising under scheme rules, general trust law and legislation. For links to our range of more detailed practice notes on the topics covered, see the further reading section. | Practice note: overview | Maintained |
| 10 | Pension scheme trustees and conflicts of interest and duty This note considers the law and practice relating to conflicts of interest and/or duty of trustees in the context of pension schemes. It covers the case law and legislation on the general rule against conflicts, exceptions to the rule and the consequences of conflicts. This includes consideration of the key issues arising in relation to pension schemes and a summary of the guidance from the Pensions Regulator. Fenner Moeran, 3 Stone Buildings | Practice notes | Maintained |
| 11 | Pension scheme buyouts and buy-ins This practice note examines pension scheme buyouts and buy-ins and considers key issues for employers and trustees in full and partial buyouts, buy-ins and other deferred liability mitigation exercises. The note also includes a summary of statutory restrictions on buying out contracted-out rights. | Practice notes | Maintained |
| 12 | Paying contributions to a DC pension scheme This practice note considers the legal requirements relating to contributions payable by employers and employees to money purchase or defined contribution (DC) pension schemes. The note also looks at the circumstances in which trustees and pension providers are obliged to make a report to the Pensions Regulator about the late payment of contributions. | Practice notes | Maintained |
| 13 | Overview of pension schemes in the public sector This note provides an overview of pension schemes in the public sector. It looks at the four main statutory schemes: the Local Government Pension Scheme, the Principal Civil Service Pension Scheme, the National Health Service Pension Scheme and the Teachers' Pension Scheme. It also provides an overview of trust-based pension schemes that operate in the broader public-sector arena, like the Universities Superannuation Scheme and the Social Housing Pension Scheme. | Practice note: overview | Maintained |
| 14 | Notifiable events: a quick guide A summary of the statutory requirements on the trustees and employers of defined benefit pension schemes to notify the Pensions Regulator if certain scheme-related or employer-related events occur. The requirements arise primarily from the Regulator's duty to limit calls on the Pension Protection Fund (PPF), and only apply to schemes eligible for the PPF. | Practice note: overview | Maintained |
| 15 | Multi-employer pension schemes This practice note collates the various legal and regulatory requirements that apply to multi-employer pension schemes. | Practice notes | Maintained |
| 16 | Moving from trust-based to contract-based defined ... This note examines the key considerations and statutory restrictions affecting employers and trustees who are looking to close their trust-based defined contribution arrangements and offer a contract-based arrangement instead. It includes guidance on the roles played by the employer and trustees, the processes required to effect the change (including consultation and amendment requirements) and issues arising after the change (such as transfer options for members or winding-up). | Practice notes | Maintained |
| 17 | Money purchase pension schemes: overview This practice note examines the key points about occupational money purchase schemes, also known as defined contribution (or DC) schemes. As well as looking at the differences between trust-based and contract-based DC schemes, the note considers tax rules about DC benefits, age discrimination issues and contracting-out. A summary is also included of the key differences in the legal and regulatory treatment of defined benefit (DB) schemes and DC schemes. | Practice note: overview | Maintained |
| 18 | Managing risk in defined benefit schemes: overview This note explores the reasons why the cost and risks associated with defined benefit pension schemes have increased over recent years, and looks at strategies for employers to manage or reduce this risk. | Practice notes | Maintained |
| 19 | Liability management exercises and incentives This practice note examines the key issues for employers who take steps to manage the liabilities of their defined benefit pension schemes. Measures examined include longevity hedging and incentive exercises such as the payment of enhanced transfer values (ETVs). | Practice notes | Maintained |
| 20 | Key topics citator A "reverse" citator setting out the main legislative provisions, regulatory materials, leading cases and determinations of the Pensions Ombudsman for some key topics in occupational pensions. Links are also included to the main PLC Pensions materials available for each topic. | Practice notes | Maintained |
| 21 | Investment issues in DC pension schemes This note considers the issues arising for trustees and employers in relation to investment of assets in defined contribution pension schemes, including how to define responsibilities, managing delegation, dealing with member investment choice and default funds, communications, decumulation and the importance of employer engagement. These issues are becoming all the more important in the light of auto-enrolment. Trust and contract-based schemes are covered and compared, highlighting the key aspects of the legal and regulatory investment regimes and summarising the relevant best practice guidelines. | Practice notes | Maintained |
| 22 | Information and consultation obligations in employment ... This overview explains when employers must inform and consult employee representatives. This can be in the context of transnational information, where European Works Councils exist, or with national consultative bodies for national matters. At national level, there are also specific events which trigger consultation obligations, such as collective redundancies and TUPE transfers. This overview does not deal with how to set up consultative bodies or collective bargaining with recognised trade unions. | Practice note: overview | Maintained |
| 23 | Hard times: pensions implications of the ongoing financial ... This note highlights the continuing implications of the harsh financial climate in 2010 for defined benefit and defined contribution pension schemes. It considers the practical steps that trustees and employers may take in dealing with the legal and regulatory issues arising, with links to related information. | Practice notes | 25-Feb-2010 |
| 24 | Employer pension schemes: a quick guide A quick guide to the types of pension schemes that employers can provide for their employees, how to spot them, and what issues they raise for employers in practice. | Practice note: overview | Maintained |
| 25 | Employer debts in multi-employer pension schemes This practice note looks at the detail of the employer debt requirements as they have applied to multi-employer pension schemes since 6 April 2008 and comments on some key issues arising in practice. Among other areas, the note considers the current definition of an "employment-cessation event" and the circumstances in which an apportionment or withdrawal arrangement can be used by an employer that stops participating in a multi-employer scheme, as an alternative to paying a full employer debt. | Practice notes | Maintained |
| 26 | Employer debt: a quick guide A quick guide to the circumstances in which a funding shortfall in a defined benefit pension scheme counts as a statutory debt on the employer under section 75 of the Pensions Act 1995 (often referred to as a section 75 debt). | Practice note: overview | Maintained |
| 27 | Data protection toolkit A toolkit to guide users through PLC's UK, EU, US and international content on data protection. It includes materials on an employer's data protection obligations, data protection issues in the public sector and resources on the Regulation of Investigatory Powers Act 2000. | Practice note: overview | Maintained |
| 28 | Consulting with employees on pension changes This practice note considers the requirement on employers to consult with their employees before making certain changes to their pension schemes. The requirement covers a number of prescribed changes that are set out in regulations. These include an employer deciding to close a scheme to new members, stop existing members accruing further benefits, or change the basis on which members accrue benefits. | Practice notes | Maintained |
| 29 | Conflicts of interest: Should the finance director be a trustee? The thrust of recent pensions legislation has been to give greater powers to trustees of pension schemes. The Pensions Regulator considers trustees should take a more independent position with the sponsoring employer and act like a creditor - meaning more negotiations between trustees and the employer. This note looks at the conflict of duty that can arise for the individuals concerned, and identifies the factors that companies and individuals should take into account when deciding whether a director or other senior officer should be a pension trustee. It supplements Regulator guidance on conflicts of interest. | Practice notes | Maintained |
| 30 | Conflicts of interest toolkit A toolkit giving pensions practitioners the standard documents needed to set up a pension scheme's conflict of interest policy and enable the trustees to manage any conflicts which arise. | Practice note: overview | Maintained |
| 31 | Closing defined benefit schemes to future accrual: overview This note examines some key issues for employers and trustees connected to an employer proposal to close a defined benefit pension scheme to future benefit accrual. | Practice note: overview | Maintained |
| 32 | Bribery Act 2010: toolkit A toolkit to assist with Bribery Act 2010 compliance. | Practice note: overview | Maintained |
| 33 | Bribery Act 2010: facilitation payments This note looks at facilitation payments, examining in particular what they are, why the lack of an exemption in the Bribery Act has been controversial, how the SFO plans to enforce the Bribery Act in relation to them and what can be done to prevent them being made. Information is also given on the position the OECD and other countries have taken towards facilitation payments. | Practice notes | Maintained |
| 34 | Bribery Act 2010: enforcement: prosecutorial discretion This note explains what principles the Serious Fraud Office (SFO) must apply when making decisions about how to deal with cases of suspected criminal activity. In particular, the note examines the various guidelines the SFO must apply, particularly with regard to the Bribery Act 2010. | Practice notes | Maintained |
| 35 | Bribery Act 2010: corporate hospitality, gifts and expenses This note looks at how promotional expenses, such as corporate hospitality and gifts, may be dealt with under the Bribery Act 2010. | Practice notes | Maintained |
| 36 | Bribery Act 2010: corporate criminal liability This note considers how criminal liability for offences under the Bribery Act 2010 may attach to companies. | Practice notes | Maintained |
| 37 | Auto-enrolment: the default option in DC pension schemes: a ... The main points arising from the DWP guidance issued in May 2011 in relation to the default option in DC schemes used for auto-enrolment. | Practice notes | Maintained |
| 38 | Amending occupational pension schemes This practice note considers the circumstances in which trustees and employers can amend the provisions of their occupational pension schemes. The note examines the position under trust law, highlighting the main cases about the scope of scheme amendment powers and the formalities required. The note also looks at the various statutory restrictions on exercising amendment powers, including the "subsisting rights" provisions in section 67 of the Pensions Act 1995, and the circumstances in which trustees may modify a scheme by resolution under section 68 of the Pensions Act 1995. | Practice notes | Maintained |
| 39 | Actuarial valuations: key points for pensions lawyers Defined benefit pension schemes are required by the Pensions Act 2004 to comply with the statutory funding objective. A key part of this is the scheme's actuarial valuation. Although prepared by the scheme actuary, it is important for the scheme lawyer to be aware of the methods and assumptions on which the valuation is based. This note examines the key elements that the actuary considers in carrying out the valuation and a summary of the process used to produce the final document. | Practice notes | Maintained |