Last month’s Pensions Update reported a number of developments, including DWP guidance for employers and the Pensions Regulator’s five-step checklist for employers.
The rule in Hastings-Bass had been settled law for many years.
Those attempting to reverse a decision of trustees have, since 1975, invoked "the rule in Hastings-Bass".
The Court of Appeal has given a decision on a point of law arising out of the recent case of HR Trustees v German.
In an interesting case (Power v Open Text 2009 EWHC 3064), the High Court was asked to consider whether trustees have any obligation to make post-A-Day improvements to scheme benefits - it looked at trustee obligations to consider benefit improvements and the purpose of a power of amendment.
It has always been difficult for beneficiaries to bring a claim against the directors of a corporate trustee as they benefit from the protection of the “corporate veil”.
From 1 December 2006, employers must ensure that pension provision for their employees does not breach age discrimination requirements.