Employment, Pensions & Immigration
The introduction of an optional savings scheme in the UAE: The end of an era?
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Our pensions team operates out of our London, Leeds and Manchester offices and advises on all aspects of UK pensions law. Our clients include trustees of occupational pension schemes, employers, independent trustees, public authorities, private and third sector contractors, and insurers and life assurance companies.
Our advice covers day-to-day compliance, including the obligations under the pensions automatic enrolment legislation, and strategic decision making, such as projects to manage risk and change pension benefits. We also advise on the pensions aspects of corporate transactions and outsourcings from the public sector and between contractors. Working with our corporate insurance experts we also help with the de-risking of defined benefit pension schemes and with pension trustee liability insurance.
Supported by our specialist litigators, we advise on all aspects of pensions litigation, including complaints to the Pensions Ombudsman, court applications, claims under trustee liability insurance, and professional negligence claims.
Where appropriate, we draw on the experience of the rest of the firm, including our employment, corporate insurance, corporate, finance, property, infrastructure, dispute resolution and tax teams to give our clients the full support they require.
We are able to provide support on pensions and benefits across the globe.
In the Middle East, our offices advise companies and authorities on pension and benefit matters. We have advised governments on setting up workplace saving arrangements.
In Australia, our offices regularly advise on matters relating to superannuation. We undertake both regulatory advisory and litigious work for superannuation funds, trustees and administrators. Our knowledge of the industry, coupled with our deep understanding of the complex and evolving legal landscape enables us to provide our clients with pragmatic, commercial, and cost-effective advices.
Advising in relation to various current/recent construction and rectification applications in the High Court and associated negligence claims against Scheme advisers.
Acting for defendant firm in negligence proceedings relating to the conduct, and resolution by way of compromise scheme, of the Briggs v Gleeds (Part 8) proceedings. Reported, on interlocutory basis, as Briggs v Clay [2019] at EWHC 102 (Ch).
Advising in relation to issues regarding Scheme segregation, under the Occupational Pension Schemes (Employer Debt) Regulations 2005, including associated Part 8 (remedial) and Part 7 (negligence) claims.
Advice regarding approach to complex defined benefit structures, grandfathered governing documents, member concerns regarding defined benefit calculations and the like
Advice regarding compensation policies, principles of offsetting, negotiation of administration agreements and making claims on outsourced provider
Drafting Deed of Indemnity and providing advice on governance issues to directors of superannuation fund
Advice on a significant remediation project arising from fund accounting and reconciliation issues
Acted for a superannuation fund trustee in Supreme Court proceedings against the supplier of defective IT software that was intended to streamline the calculation of benefits to members of the super fund
Advice to trustees in connection with various complaints to the Superannuation Complaints Tribunal and Australian Financial Complaints Authority
Advice regarding trustee duties following identification of an incident
Drafting Deed of Indemnity and providing advice on governance issues to directors of superannuation fund
Advice on a significant remediation project arising from fund accounting and reconciliation issues
Acted for a superannuation fund trustee in Supreme Court proceedings against the supplier of defective IT software that was intended to streamline the calculation of benefits to members of the super fund
Advice to trustees in connection with various complaints to the Superannuation Complaints Tribunal and Australian Financial Complaints Authority
Advice regarding approach to complex defined benefit structures, grandfathered governing documents, member concerns regarding defined benefit calculations and the like
Advice regarding trustee's obligations following the winding up of an employer sponsored plan
Advice regarding trustee duties following identification of an incident
Advice regarding compensation policies, principles of offsetting, negotiation of administration agreements and making claims on outsourced provider
Advising a multinational insurance company on its pension product designed to be in lieu of end of service gratuity, the mechanism and framework for the provision of this entitlement and its replacement.
Advising a Dubai-based investment management company on a proposal to establish a pension scheme for its employees.
Advising in relation to issues regarding Scheme segregation, under the Occupational Pension Schemes (Employer Debt) Regulations 2005, including associated Part 8 (remedial) and Part 7 (negligence) claims.
Advising in relation to various current/recent construction and rectification applications in the High Court and associated negligence claims against Scheme advisers.
Acting for defendant firm in negligence proceedings relating to the conduct, and resolution by way of compromise scheme, of the Briggs v Gleeds (Part 8) proceedings. Reported, on interlocutory basis, as Briggs v Clay [2019] at EWHC 102 (Ch).
Acting for the Trustees of the Laiki Bank Pension Scheme on its entry into a PPF assessment period utilising a little used notice procedure under the Pensions Act 2004. We are continuing to act for the Trustees and are working with Cypriot lawyers in relation to the Trustees position as a creditor of Laiki Bank.
Advising Abbey Life on a longevity transaction to provide the BMW Pension Scheme with a hedge for life expectancy associated with nearly £3 billion of pension scheme liabilities related to around 60,000 pensions, the largest deal of its kind.
Providing on-going advice for the trustee of this GBP 165 million defined benefit occupational pension scheme.
Advising our trustee clients on the interpretation of scheme rules and benefit entitlements of individual members, including the BMA Pension Scheme and the BUPA Home Healthcare Pension Scheme
The Pension Protection Fund (PPF) is the statutory compensation fund for members of defined benefit pension schemes. We successfully acted for the PPF in the challenges to the application of its risk based levy in the High Court.
Advising the Pall (UK) Pension Fund on its GBP 70 million index based longevity swap with JP Morgan. This was the first transaction of its kind providing a hedge against increases in longevity of the deferred members.
Advising a leading oil company on the winding up of its final salary pension scheme.
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