05.02.08

The High Court followed the Court of Appeal in Cripps v Trustee Solutions Ltd in 2007 (on appeal from Trustee Solutions Ltd v Dubery) concerning Section 73 of the Pensions Act 1995, which relates to the order of priority between different classes of beneficiaries in the winding up of a pension scheme. The Hon. Mr Justice Henderson ruled that members who are entitled to a pension because they do not have to satisfy any external criteria beyond their own control, should be treated as if the entitlement had actually arisen, regardless of whether the member had, in fact, satisfied all the conditions at the date of wind up. Priority goes to those who had the power to trigger their entitlement, for example, by giving notice that they want their deferred pension to come into payment, regardless of their status as active or deferred, although members had to be over 50 to satisfy the scheme rules. The case remains of interest to those members in receipt of pension payments where a scheme wind-up was started before 6 April 2005 (the date on which Section 73 was amended).