Susan Jones

Nabarro LLP


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Identifying the statutory employer: not as simple as it may seem

USA - October 21 2011 From 1 November 2011 trustees are required to list each of their scheme’s “statutory employers” on the information provided to the Pensions Regulator in the scheme return – previously only current participating employers had to be identified.

Ian Greenstreet.

ECJ rejects retirement at 60 for airline pilots

European Union, Germany - September 28 2011 Since the abolition of the default retirement age of 65 from April 2011, employees can only be required to retire on the grounds of age where it can be objectively justified.

Kate Richards.

Incorrect information: Ombudsman makes an award for lost earnings

United Kingdom - September 28 2011 In the majority of cases where incorrect benefit information has been provided by trustees or administrators both the courts and the Pensions Ombudsman conclude that the individual is entitled only to the benefits actually promised under the rules of the scheme (with the Ombudsman making a nominal award for distress and inconvenience).

Kate Richards.

PPF levy: the importance of being accurate

United Kingdom - September 28 2011 The PPF Ombudsman has supported the decision of the PPF to decline to alter the amount of a levy invoice despite having discretion to do so as it was based on information which was “incorrect in a material respect”.

Kate Richards.

VAT recovery: the wheels case rolls on

United Kingdom - September 28 2011 This long-running case was commenced in 2008 by the NAPF and the Wheels Common Investment Fund (which holds £8bn in assets for the Ford, Jaguar and Land Rover schemes) against HMRC for recovery of VAT paid by occupational pension schemes on third-party investment management fees.

Kate Richards.