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ECJ: occupational pension schemes for local authority employees are subject to the EU public procurement directives (15 July 2010, C-27108)

Herbert Smith Freehills LLP
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European Union, Germany
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December 3 2010

Under German law, employers are obliged to grant employees the possibility of converting part of their gross salary into pension savings

A round up of pensions developments

Herbert Smith Freehills LLP
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United Kingdom
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December 3 2012

The employer's duty of good faith has come under the spotlight recently in a number of pensions cases. T

Court of Appeal upholds “no detriment” guarantee against subsequent employer

Herbert Smith Freehills LLP
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United Kingdom
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December 3 2010

In Robert Whitney v Monster Worldwide Limited, the Court of Appeal upheld an earlier decision by the High Court that "no detriment" assurances given to an employee by a previous employer following closure of its final salary scheme amounted to a binding guarantee that could be enforced even against a subsequent employer

ECJ considers "objective justification" in the Heyday case

Herbert Smith Freehills LLP
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United Kingdom
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March 18 2009

In Heyday, the European Court of Justice (ECJ) concluded that the UK default retirement age (of age 65), whilst caught by the provisions of EU law which outlaw age discrimination, is also capable of being justified by legitimate social policy objectives, such as those related to employment policy, the labour market or vocational training

High Court holds that an attempt to equalise the scheme's NRD by using a power contained in the definition of NRD was invalid the general power of amendment should have been used

Herbert Smith Freehills LLP
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United Kingdom
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April 4 2011

Capita ATL Pension Trustees Ltd & Anor v Gellately & Ors 2011 EWHC 485 (Ch) involved an application by the scheme trustees to the court for directions in relation to a scheme whose amendment power gave the scheme's principal employer a power to amend the definitive deed by deed and the rules by board resolution or by deed; in either case, the trustees' consent was required to the amendment

A round up of pensions developments

Herbert Smith Freehills LLP
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United Kingdom
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September 3 2012

The Regulator has recently published updated step-by-step guidance on the auto-enrolment regime following recent regulations and DWP guidance

A round-up of pensions developments: May 2012

Herbert Smith Freehills LLP
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European Union, France
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June 1 2012

The European Court of Justice has given its decision in two linked cases in relation to French withholding tax provisions levied on dividend payments to foreign investment funds in Santander Asset Management SGIIC SA v Directeur des résidents à l'étranger et des services généraux and others (C-33811 to C-34711

High Court declares conversion of defined benefit accrual into defined contribution benefits to be unlawful and considers the ability of employees to waive pension entitlements

Herbert Smith Freehills LLP
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United Kingdom
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December 22 2009

In a case concerning the IMG Pension Plan, the High Court has unravelled a purported conversion of defined benefit accrual into defined contribution benefits

Ombudsman holds that failing to highlight a key assumption in a benefit quotation can constitute maladministration

Herbert Smith Freehills LLP
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United Kingdom
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December 3 2010

In Mellodey, a member complained that that the trustees of the Kodak Pension Plan gave him incorrect information regarding his benefits, on which he relied to his detriment, both at the point he left service (in 1989) and subsequently (in 2005, just prior to retirement

EAT suggests that in some circumstances costs may be a ground to justify any age discrimination

Herbert Smith Freehills LLP
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United Kingdom
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December 3 2010

In Woodcock v Cumbria Primary Care Trust the Employment Appeal Tribunal (in upholding the Employment Tribunal's original finding) suggested that it might be possible for costs alone to be used to justify age discrimination

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ECJ: occupational pension schemes for local authority employees are subject to the EU public procurement directives (15 July 2010, C-27108)

A round up of pensions developments

Court of Appeal upholds “no detriment” guarantee against subsequent employer

ECJ considers "objective justification" in the Heyday case

High Court holds that an attempt to equalise the scheme's NRD by using a power contained in the definition of NRD was invalid the general power of amendment should have been used

A round up of pensions developments

A round-up of pensions developments: May 2012

High Court declares conversion of defined benefit accrual into defined contribution benefits to be unlawful and considers the ability of employees to waive pension entitlements

Ombudsman holds that failing to highlight a key assumption in a benefit quotation can constitute maladministration

EAT suggests that in some circumstances costs may be a ground to justify any age discrimination

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