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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
Supreme Court to hear appeal from the Court of Appeal's decision in Pitt v Holt; Futter v Futter
- Herbert Smith Freehills LLP
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- United Kingdom
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- August 5 2011
The Supreme Court Appeal Panel has given permission to appeal against the decision of the Court of Appeal in the cases of Pitt and another v Holt and another; Futter and another v Futter and others 2011 EWCA Civ 197 (on unravelling trustees' actions that have led to unexpected consequences
Pensions regulator withdraws threat of FSD
- Herbert Smith Freehills LLP
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- United Kingdom
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- July 15 2011
The Pensions Regulator announced this week that it will not pursue action to impose a Financial Support Direction against US company, Chemtura Corporation and members of its group after a funding settlement, involving the payment of expedited contributions to the pension scheme of its UK subsidiary, was reached with the scheme's trustees
Forcing payment from trustees as a result of a misrepresentation
- Herbert Smith Freehills LLP
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- United Kingdom
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- October 7 2010
In our e-bulletin of 27 August 2010, we looked at estoppel based on a change of position as a defence to a trustee claim for over-payment to a scheme member
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
Rectification: evidence of common intention to be judged on "balance of probabilities"
- Herbert Smith Freehills LLP
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- Ireland
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- February 1 2011
Where the court is asked to allow rectification of a pension scheme deed, the "convincing proof" of the parties' intentions need only be assessed on the balance of probabilities according to the decision of the Supreme Court of Ireland in Boliden Tara Mines Limited v Cosgrove and Others 2010 IESC 62
Scottish court rules that trustee claims are admissible in the winding up of an insolvent participating employer
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 1 2011
A claim by trustees against an insolvent participating employer (who has ceased to participate in the pension scheme) for its share of the scheme deficit is a contingent obligation at the date of winding up and is admissible in the winding-up
Defined benefit schemes should not have to pay VAT on investment management services NAPF and HMRC take dispute to ECJ
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- April 4 2011
HMRC and the National Association of Pension Funds have referred a two-year legal dispute over whether DB schemes should have to pay VAT on investment management services to the European Court of Justice
Court of Appeal considers the meaning of "money purchase benefits" in Bridge Trustees v Yates
- Herbert Smith Freehills LLP
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- United Kingdom
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- March 17 2010
In Houldsworth v Bridge Trustees and the Department for Work and Pensions (the appeal stage of Bridge Trustees v Yates), the Court of Appeal had to consider whether certain unusual benefits should be classified as money purchase benefits on a winding-up
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
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