pensions

The regulatory framework for pensions is becoming increasingly complex. New funding requirements for defined benefit occupational pension schemes, tax simplification and age discrimination are just recent examples.

We act for both occupational pension scheme trustees and employers, advising on all aspects of non-contentious and contentious pensions law. Often the interests of the trustees and the sponsoring employers conflict. Whereas, in the past, a scheme’s appointed lawyer may have advised both parties, this may no longer be appropriate.

We guide employers through their legal obligations and liabilities associated with occupational pension schemes and on their dealings with the trustees on key issues, such as funding. Working with our corporate colleagues, we advise on anti avoidance and clearance issues arising from corporate activity and on appropriate solutions for exiting participating employers. Our pensions and employment specialists have considerable scheme change experience and guide employers through the pensions, employment and industrial relations aspects of changing pension terms for future service.

For trustees, we advise on their statutory and trustee duties, powers and discretions and work very much as a team with the trustees’ and their other advisers. We provide trust documentation and advise on issues facing the scheme, including funding negotiations with the employer, events affecting a sponsoring employer and its ability to fund the scheme and proposals to change the scheme for the future. The trustees need to understand the scope of their duties and powers in such circumstances and the available options to secure the right outcome for the scheme and its members. We provide the legal support to help them achieve this.

Disputes involving pension schemes and pension rights require specialist advice. Our pensions and financial services litigation team is here to help and acts for employers, occupational pension scheme trustees and individuals.

Contact: Claire Rankin, Bristol; Robert Morfee, Bristol.