Pensions

11KBW has a wide-ranging pensions practice with a particular focus on public law and regulatory issues. We also act in the leading cases arising from an employment context.

Our Expertise

  • The Pension Protection Fund, particularly in relation to the Levy Scheme.
  • The Pensions Regulator.
  • The Pensions Ombudsman.
  • Public sector pension schemes, including the Local Government Pension Scheme, the various Firefighters’ Pension Schemes and the Police Pensions Scheme.
  • Regulatory matters arising from private pension funds, particularly SIPPs and pension transfers.
  • The application of the Equality Act 2010 to pension matters.

Recent Cases

Chief Constable of West Midlands Police and others v Harrod and others (EAT 2015, “The Police Regulation A19 cases”). This high profile litigation concerns whether the use by a police force of its power under Regulation A19 of the Police Pensions Regulations to require officers to retire when they qualify for a full pension is unlawful age discrimination.

Re FSS Pension Trustees Limited [2014] EWHC 1397 (Ch); [2014] Pens. L.R. 303: whether a guarantee provided by public authority to a public sector pension scheme had the effect that the scheme was ineligible for support from the PPF.

TTG Pension Trustees v Board of the Pension Protection Fund [2014] EWHC 174 (Ch):  this case concerned the determination of the pension fund’s assets, in respect of a guarantee provided by the principle employer of this private-sector scheme.

Walker v Innospec Ltd [2014] Pens. L.R. 237: concerning the retrospective effect of a claim for sexual orientation discrimination in the provision of a survivor’s pension in a private sector scheme.

Stokes v Oxfordshire County Council [2014] EWHC 2177 (Ch); [2014] Pens. L.R. 631: concerning the calculation of “pensionable pay for the year ending with the relevant date” in the Firemen’s Pension Scheme.

R. (Staff Side of the Police Negotiating Board) v. Secretary of State for Work and Pensions; Piper v. Secretary of State for Work and Pensions [2012] EWCA Civ 332: whether the Government’s decision to alter the basis of annual indexation of public service pensions to use the Consumer Prices Index rather than the Retail Prices Index was lawful.


O’Brien v Ministry of Justice [2013] UKSC 6 and (C-393/10) [2012] 2 C.M.L.R. 25: a landmark case on whether part-time judges in the UK are workers, and so entitled to equal treatment in respect of pension benefits.  The litigation arising from this case is on-going: see e.g. Moultrie & ors v Ministry of Justice UKEAT/0239/14/LA.

Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Limited v. Industry-Wide Coal Staff Superannuation Scheme Trustees Limited [2012] EWHC 3712 (Ch); [2013] Pens LR 55: whether the trust deed and rules of the Industry-Wide Coal Staff Superannuation Scheme could be read so as to include a pro-rating provision for the first increase in the rate of the pension between the date of the commencement of the payment of the pension and the following January 1.

Norman v Cheshire Fire & Rescue Service [2011] EWHC 3305 (QB): concerning the types of remuneration that counted as “pensionable pay” for the purposes of the Firefighters’ Pension Scheme.

R (South Tyneside MBC) v. Lord Chancellor and Secretary of State for Justice [2009] EWCA Civ 299: concerning employer’s contributions to the Local Government Pension Scheme.

Agco Ltd v Kellaway [2007] EWHC 33543 (Ch): this case concerned a private sector pension scheme that provided preferential terms to individuals who retired from service at the request of the employer, the issue being whether an employee who was made compulsorily redundant was entitled to such terms.

Unison v First Secretary of State [2006] Pens. L. R. 239: whether changes to the Local Government Pension Scheme pursuant to Council Directive 2000/78 on age discrimination were lawful.