header-logo header-logo

Barnardo’s loses pension switch appeal

10 November 2016
Issue: 7722 / Categories: Legal News
printer mail-detail

Pension schemes cannot switch retail prices index (RPI) increases for consumer prices index (CPI), the Court of Appeal has held.

Under the 1988 rules of the Barnardo’s pension scheme, pensioners are entitled to annual increases. Barnardo’s v Buckinghamshire [2016] EWCA Civ 1064 concerned whether the trustees of the scheme had the power to replace the RPI measurement of these increases with the CPI or some other index. This would significantly reduce the deficit in the fund but also significantly reduce pensioners’ future annual increases.

The court held that the trustees did not have the power to do this. It also commented that s 67 of the Pensions Act 1995, which protects members’ rights, would not prevent a change of index if the trustees did have the power to make the change.

Fuat Sami, partner at Sackers, said the decision would “continue to leave employers and trustees, who have been grappling with this issue, in an unsatisfactory place.”

Sami explained the court had held that the scheme’s deed does not afford the trustees the ability to select the index by which increases are measured.

“Unless the government moves to consult more widely on amending primary legislation…the ability of schemes to switch from RPI to CPI will continue to depend on how the scheme rules were originally drafted many years ago—it is essentially a lottery,” he said.

“Even for schemes which have clear in-built discretions to switch to another index, more uncertainty lies ahead for both employers and trustees as to whether this is permissible under the legislation.”

Issue: 7722 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll