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The Court of Appeal has confirmed that section 91 of the Pensions Act 1995 (which prevents a member from assigning, commuting, surrendering or charging pension rights or entitlements) is not a bar to compromising disputed claims over the existence of pension rights
In the case of Independent Trustee Services Limited v Hope and Others the High Court ruled that, when taking decisions regarding buy-outs, pension scheme trustees cannot properly have regard to the prospects of compensation from the Pension Protection Fund (‘the PPF’
The High Court considered whether the pension plan trustees could use a discretion in the rules to switch to CPI for indexing deferred and pensioner benefits
According to a ruling of the High Court, Financial Support Directions and Contribution Notices issued by the Pensions Regulator once an English insolvency process has commenced rank as expenses of the insolvency process (and therefore take precedence over ordinary creditors
