| 1 | Bribery Act 2010: toolkit A toolkit to assist with Bribery Act 2010 compliance. | Practice note: overview | Maintained |
| 2 | 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 |
| 3 | 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 |
| 4 | IDRP toolkit A toolkit to give pensions practitioners the information needed to set up and manage arrangements to enable people with an interest in the scheme to apply for a decision on a matter in dispute. | Practice note: overview | Maintained |
| 5 | Member-nominated trustee toolkit Under the Pensions Act 2004, trustees of occupational pension schemes must set up and implement arrangements to ensure that at least one-third of the trustees on their board are nominated by the members. | Practice note: overview | Maintained |
| 6 | 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 |
| 7 | 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 |
| 8 | Pension trustees' duties of care and skill This note considers pension trustees' duties of care and skill arising under common law, statute and the regulatory regime. It includes practical points that trustees should bear in mind when complying with these duties and a summary of the consequences of breach. | Practice note: overview | Maintained |
| 9 | 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 |
| 10 | 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 |
| 11 | Appointment, retirement and removal of pension trustees This practice note considers the law relating to the appointment, retirement and removal of trustees to and from occupational pension schemes. | Practice notes | Maintained |
| 12 | Asset-backed pension contributions: overview This overview note explains the legal background to the implementation of an asset-backed funding structure, which can be used by trustees and employers of occupational pension schemes to use assets as an alternative to cash funding. | Practice notes | Maintained |
| 13 | 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 |
| 14 | 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 |
| 15 | 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 |
| 16 | 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 |
| 17 | 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 |
| 18 | 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 |
| 19 | Directors' duties: comparison between Companies Acts 2006 ... A note outlining the changes to the law on directors' duties under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. For a more detailed note on this topic, see Practice note, Directors' general duties under the Companies Act 2006. Chapter 2 of Part 10 (general duties of directors) came into force on 1 October 2007, other than the provisions relating to directors' conflict of interest duties (sections 175 to 177). Sections 177 to 175 came into force on 1 October 2008. | Practice notes | Maintained |
| 20 | Directors' liabilities: Companies Act 2006 A note outlining the changes to the law on directors' liabilities under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. Chapter 7 of Part 10 (directors' liabilities) came into force on 1 October 2007. | Practice notes | Maintained |
| 21 | Disclosure: providing information to members This practice note considers the requirements on trustees and employers to disclose certain information to pension scheme members, prospective pension scheme members, beneficiaries, spouses and civil partners, and recognised trade unions. The note specifically concentrates on the obligations set out in The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (SI 1996/1655). | Practice notes | Maintained |
| 22 | Fiduciary duties An outline of the common law fiduciary duties, ways of modifying those duties (including the use of Chinese walls) and proposals for reform. | Practice notes | 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 | Ill-health early retirement pensions This practice note considers the circumstances in which members of occupational pension schemes may qualify for ill-health early retirement pensions, and looks at various issues that arise for trustees and employers in deciding whether to award them. | Practice notes | Maintained |
| 25 | Internal dispute resolution procedure This note considers the legal requirements for scheme trustees or managers to put in place an internal dispute resolution procedure (IDRP), the terms of the IDRP, who may use it to complain and the common issues arising when managing an IDRP complaint. | Practice notes | Maintained |
| 26 | Investing for pension schemes: a guide to the parties and ... This practice note provides a guide to the role of advisers and other parties which trustees of occupational pension schemes may have to engage or liaise with when investing scheme assets. | Practice notes | Maintained |
| 27 | 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 |
| 28 | 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 |
| 29 | 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 |
| 30 | Member-nominated trustees and directors This practice note considers the requirements under the Pensions Act 2004 on the trustees of occupational pension schemes to put in place arrangements that ensure that at least one-third of their number are nominated by the members. | Practice notes | Maintained |
| 31 | New money laundering regulations: pension trustees need not ... Following publication by HMRC of the final version of its long-awaited MLR 9 guidance, it is now clear that trustees of occupational pension schemes are not expected to register with HMRC under the Money Laundering Regulations 2007. This includes professional trustee companies and directors of trustee companies. | Practice notes | 07-Aug-2008 |
| 32 | 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 |
| 33 | Pension scheme investment: trustees' duties This practice note considers the powers and duties of pension scheme trustees in relation to the investment of scheme assets. | Practice notes | Maintained |
| 34 | 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 |
| 35 | Pension schemes: benefits on retirement This note explains the law and practice regarding the key benefits available to members of occupational pension schemes in normal, early or late retirement, including the right to take a tax-free cash lump sum and the situations in which a pension may be commuted in its entirety. In addition, the note provides guidance on the increases that are payable in respect of pensions in payment (indexation), PPF compensation and the benefits available under NEST. | Practice notes | Maintained |
| 36 | Pension trustee exoneration and indemnity clauses Trustee exoneration and indemnity clauses protect trustees from personal liability to scheme members and beneficiaries for breach of trust and negligence. This practice note considers the scope and construction of these clauses and examines alternative forms of trustee protection. | Practice notes | Maintained |
| 37 | Pension trustee liability insurance This practice note considers the availability of liability insurance for the trustees of occupational pension schemes and examines issues including trustees' powers to buy insurance and how a typical policy might respond to claims in some common areas. | Practice notes | Maintained |
| 38 | Pensions Regulator: trustee reporting requirements This practice note considers the requirements on pension scheme trustees to report certain matters to the Pensions Regulator, including the obligation to "whistleblow" in some circumstances. These obligations were introduced by the Pensions Act 2004. This practice note considers trustee reporting requirements. For information on employers' reporting requirements, see Practice note, Pensions Regulator: employer reporting requirements. | Practice notes | Maintained |
| 39 | Perpetuities and trustee powers A note explaing how the rule against perpetuities applies when drafting, varying and exercising trustee powers, how to determine whether existing powers and appointments are valid and what the consequences are if they are void. It describes the difference between general and special powers of appointment, and between administrative and dispositive powers. | Practice notes | Maintained |
| 40 | Recovery of overpayments to pension scheme members A note addressing the issues that can arise when overpayments which have been made to members need to be corrected. | Practice notes | Maintained |
| 41 | Suspending, prohibiting and disqualifying pension trustees This practice note considers the powers of the Pensions Regulator and the court to suspend or prohibit the trustees of occupational pension schemes. It also refers to the statutory restrictions that prevent certain individuals acting as pension trustees. | Practice notes | Maintained |
| 42 | Trustee record-keeping requirements This practice note considers the requirements on the trustees of an occupational pension scheme to keep records about the scheme and its members. | Practice notes | Maintained |
| 43 | Understanding pension scheme accounts: key points for ... This note considers the legal requirements for pension schemes to produce audited accounts and an annual report. It summarises the principal statements and information that must be included with the accounts and also provides an overview of the accounting principles that determine their format. | Practice notes | Maintained |