Pensions

It is more important than ever to ensure that sponsoring employers and trustees of defined benefit (DB) pension schemes are supported in fulfilling their legal duties, managing their schemes and meeting the expectations of the Pensions Regulator.

Our team has decades of experience working with trustees and employers of DB pension schemes of all sizes. We can draw on our in-depth understanding of the issues affecting DB schemes to provide a bespoke service, tailored to the needs of your scheme.

We offer a complete package of advice including:

• Governance: In an increasingly regulated environment, we can help ensure that your scheme is managed in line with the latest regulatory and case law requirements, guidance and industry standards.
• Benefit issues: Benefit issues often arise unexpectedly, whether after a review of scheme rules and practice or as a result of a change in case law or legislation. We are known for our expertise in equalisation issues and our pragmatic approach makes us ideally placed to guide schemes through the process of equalising guaranteed minimum pensions.

• Scheme funding and security: We provide advice and front-line support on all aspects of scheme funding negotiations, balancing the latest legal and regulatory thinking with a pragmatic, ‘can do’ attitude. We offer advice on innovative funding solutions and mitigation packages, including PPF-compliant and commercial terms.
   
• De-risking and scheme closures: We are experienced in all forms of benefit redesign and de-risking transactions. Many DB pension schemes are now working towards their end game and we offer practical, clear advice on moving through the buy-in and buy-out process.

An increased regulatory focus on defined contribution (DC) pensions has brought a raft of legislation and governance requirements, including the authorisation regime for DC master trusts. Together with the rollout of auto-enrolment and introduction of pension flexibilities, the DC landscape has never looked more interesting.

We have been working with employers and trustees of DC pension schemes for many years, supporting them in providing market-leading DC pension offerings for their employees, while managing the complexities and risks associated with DC pension provision. 

Whether you are facing challenges with your existing DC pension provision or are considering a switch to a DC master trust, we have the knowledge and market expertise to help. 

The team offers a complete range of DC-related services covering:

• Governance: We can advise on all aspects of DC governance including minimum quality standards, chair’s statements, and employer and independent governance committees.
• Benefits: We can guide you through the complexities of new scheme set-ups, tax issues, auto-enrolment requirements and pension flexibilities.
• Member communications and engagement: Member communication is key. We can assist with member communication reviews (for compliance and best practice) and advising on disclosure requirements.
• Master trusts: Masters trusts are an attractive proposition for many employers looking for a cost-effective, well-run pensions solution. Trustees of master trusts also have specific needs and compliance obligations. We can advise on set-up, registration and supervision of master trusts, review documentation and assist in negotiations for new entrants. 

Pension scheme investments are fundamental, and it is crucial to get the legal aspects right. From trustee and employer duties, to default funds, charges and climate change reporting, schemes need to know where the legal pitfalls lie and how to avoid them.

Our investment specialist lawyers advise on all legal matters relating to pension investments, whether for defined benefit or defined contribution pension schemes. We have a huge depth of experience in reviewing and negotiating all types of investment documentation, both standard form and bespoke.

The increased focus on environmental, social and governance (ESG) factors has led to a significant shift in how schemes must approach their investments. We can assist you in reviewing your funds, processes and documentation to reflect the latest legal and regulatory requirements in relation to ESG, including reviewing implementation statements and advising on requirements for climate change reporting.

Our team has decades of experience in advising trustees and sponsoring employers on the pensions implications of corporate change: acquisitions, mergers, disposals, restructurings and reorganisations, distressed sales and outsourcings. Over that time, we have observed how legislative and regulatory trends have repeatedly reshaped the legal backdrop and altered the expectations imposed on both employers and trustees.

Whether you are considering a corporate change and want to know more about the potential pensions implications or are unsure of the options available to you as a trustee, we can guide you through the legal implications.

We will assess potential for regulatory action or enforcement, including criminal sanctions and notifiable events requirements, and advise on the best strategic approach.

As regulatory changes continue apace, many employers are streamlining and reducing ongoing costs by consolidating or transferring their pension schemes to third party vehicles.  

Separately, the Pensions Regulator has encouraged trustees to remain open-minded about the benefits that consolidation may bring to scheme members through improved funding security and increased service efficiency.

Whether you are considering the option of merging or transferring your company pension schemes and looking for some initial strategic advice, or are concerned about your legal duties as the trustee of a merging or transferring scheme, our team is ready to assist. We can advise on feasibility and legal requirements, and guide schemes through implementation from start to finish.

Personal data is at the heart of occupational pensions. Work histories, member details, financial information; all are essential to ensure the right benefits are paid to the right people.

It is vital that the terms of the applicable data protection legislation are met, along with the obligations on how controllers handle personal data, and the Pensions Regulator’s cyber security policy requirements.

Trustees and employers also have to grapple with the evolving cyber security picture, a technological and procedural ‘arms race’ in which they need to ensure they stay one step ahead of the threat.

Our pensions experts work closely with our specialist data protection colleagues to provide a uniquely tailored service to our pension scheme clients. We understand the threats that schemes face and the layers of regulatory burden that apply, we have the knowledge and expertise to guide you through the requirements and put meaningful controls in place.

The complexity of pensions, together with increasing member engagement, means those involved in the operation of pension schemes regularly face complex member queries, complaints and claims. Such complaints can carry large financial risk, as well as the potential for reputational damage and regulatory intervention.

With the growing threat of pension scams and the involvement of third parties in raising claims for inappropriate pension transfers, trustees have never been more at risk.

Our team has considerable experience in advising on the appropriate response to such complaints and addressing any subsequent escalations to the Pensions Ombudsman or the courts. We can provide specialist input on a complaint or claim you have received, or assist you in taking action to redress the impact of an error by a third party.

We offer a complete range of services covering dispute prevention, advising on all aspects of internal dispute resolution procedures, and managing engagement with the Pensions Ombudsman.

Our expert ability to identify, understand and advise on pensions-related disputes is a key element of our service to clients.

The cost and complexity of UK pension schemes has led to a growing number of legal disputes in recent years. Such disputes cover a wide variety of issues, ranging from historic problems in mature pension schemes, such as equalisation and scheme amendment powers, to those arising from investment complexities or risk reduction measures and associated employment duties.

We work closely with colleagues in our pensions litigation team to advise on and manage high value and innovative court actions. We regularly call upon our wealth of pensions knowledge and experience, and combine this with a detailed understanding of court procedure and case law across the UK to achieve positive outcomes for our clients.

We have extensive experience of advising on public sector pension issues for clients in the public, private and not-for-profit sectors. We have particular expertise in outsourcing of former public sector employees and implementing the Fair Deal policy, and advising on admission agreements and contractual arrangements.

We are leading experts in pensions for privatised industries, including the protected persons requirements in the electricity supply and distribution industry.

Death in service cover is a key employee benefit. While in the past this might traditionally have been provided as part of an occupational pension scheme, scheme closures mean employers must look for alternative, tax-efficient solutions.

We are experienced in advising on options for both registered and excepted group life schemes. We can provide bespoke documentation or tailor insurance provider styles to your needs, and advise on all legal aspects of implementation and scheme management.