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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
- -
- 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
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
Review of recent cases
- Herbert Smith Freehills LLP
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- United Kingdom
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- September 15 2009
The Summer has witnessed the publication of several interesting pensions cases, covering such issues as the status of a defined benefit pension within a remuneration package, the ambit of Trustee Act protection against claims by unknown beneficiaries and the extent to which scheme provisions should be interpreted purposively
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
- -
- 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
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
FSD determination affecting Lehman Brothers scheme
- Herbert Smith Freehills LLP
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- United Kingdom
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- September 30 2010
On 17 September, the Pension Regulator's Determinations Panel announced that it had issued a determination that six companies within the Lehman Brothers group (including the group's main operating companies in the UK as well as the US parent Lehman Brothers Holding Inc.) should provide financial support to the Lehman Brothers Pension Scheme
High Court rules that an announcement was ineffective to equalise normal retirement dates
- Herbert Smith Freehills LLP
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- United Kingdom
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- March 18 2009
In Capital Cranfield Trustees Limited v Beck the High Court decided that an announcement to pension scheme members was not effective to equalise their normal retirement dates (NRDs
EAT decides that compensation for unfair dismissal may include a sum in respect of the loss of a defined benefit pension even where there is no loss of earnings
- Herbert Smith Freehills LLP
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- United Kingdom
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- March 18 2009
In Roberts v Aegon, an employee who had been unfairly dismissed and who had no loss of earnings (because she had secured a higher paid job) was nonetheless awarded compensation in respect of the loss of her defined benefit pension arrangement
Heyday confirms that a default retirement age of 65 is lawful
- Herbert Smith Freehills LLP
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- United Kingdom
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- October 21 2009
The High Court stage of the so-called Heyday litigation has confirmed that the UK default retirement age (currently, age 65) is not contrary to the EU Equal Treatment Framework Directive
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- Author - Susanne Wilkins