Source: All England Reporter
Publisher Citation: [2002] All ER (D) 270 (Jan)
Court: Chancery Division

Etherton J

Representation Paul Newman (instructed by Slaughter & May) for the claimant.
  Caroline Furze (instructed by Rowe & Maw) for the defendant.
Judgment Dates: 30 January 2002


Pension - Occupational pension scheme - Surplus fund - Distribution of assets - Qualifying scheme - Centralised scheme for non-associated employers - Scheme divided into sections, each section representing different employer or group of employers - Whether pre-condition of any payment of surplus to an employer that there should be 5% LPI increases in pensions in respect only of members of that employer's section - Pensions Schemes Act 1993, - Pensions Act 1995, 76 - Occupational Pension Schemes (Payment to Employers) Regulations 1996.

The Case

Where the trustee sought guidance from the court in respect of a centralised pension scheme for non-associated employers, the court held, inter alia, that on the true construction of s 108 of the Pensions Schemes Act 1993, and the related definitions of the expressions 'qualifying scheme' in s 102(2) and 'occupational pension scheme' in s 1, each section of the scheme constituted a 'qualifying scheme' within s 108.

Practice Areas

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