Case Tracker: Key pensions cases
We follow and summarise the upcoming and recent pension cases that you need to know about, all in a simple downloadable PDF for you to read at your convenience.
Disclosure of trustee minutes; IHER: improper consideration; Pension sharing: delayed implementation
GMP reconciliation: complaint about payment of CEP not upheld; HMRC records used to establish scheme liability; Lifestyling: complaint about insufficient information not upheld.
GMP equalisation: transfers-out; Member incorrectly informed of fund switch, £1,000 compensation; Investment loss: Tenconi; High Court: fraud compensation; Discrimination: justification, 'cost plus'
Transfer delays: investment loss; buy-in/buyouts and transfer values; late notice of default fund switch; equalisation: Safeway v Newton
Can a member keep an overpayment; moving from RPI to CPI? Seeking appropriate advice.
No limitation period when recovering overpayments from future pension; being mindful of critical pension dates – a reminder for employers; applying the incapacity test: who makes the decision?
Serious ill health and trustee responsibilities; pensions transfer due diligence - what is expected of trustees?
Correcting underpayments (tax charges); discrimination claims (justification).
RPI switch not possible in practice: Thales; calculating pension increase underpins: FDR v Dutton; Ombudsman likely to increase compensation threshold: Baugniet.
Pensionable pay caps and reasonable expectations: IBM v Dalgliesh and Bradbury v BBC; death benefits for same-sex partners: Walker v Innospec; reviewing ill-health pensions.
Higher compensation for repeated maladministration: Smith v Sheffield Teaching Hospitals NHSFT; relevance of financial loss to compensation for misstatements; compensation for consequential losses.
Informing members of tax consequences: Cherry; correcting mistakes in scheme rules: Re BCA Pension Trustees Ltd.
Pension liberation: Hughes v Royal London; communications: Mather, Vose, Ford Motor Company v Elliott.
Buy-in/PIE exercise: Mr N; QROPS transfer/pension age test: Ms P.
Internal dispute resolution and independent decision-makers; record-keeping periods; overpayments – don’t get caught out by limitation issues; bankruptcy – dealing with member queries.
Pension liberation: Kenyon, Stobie, Jerrard; change to revaluation rate: Pusinelli.
Dealing with seriously ill members: Dando, Webb; delay in providing CETV quotation: Brackley.
Trustee/employer decision-making: Elliott, Ms B.
Compensation for distress and inconvenience: Venables, Parker; trustee powers and decision-making: Adams, Wood.
Communications: IBM v Dalgleish, Gregory; DC investment options: Lupton.
Estoppel: McClean; RPI/CPI: Arcadia Group Ltd v Arcadia Group Pension Trust Ltd.
Online communications: Underwood; DB to DC transfers (Financial Ombudsman Service): Mrs A, Mr C.