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.  We have particular expertise in relation to:

  • 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 (link) matters arising from private pension funds, particularly SIPPs and pension transfers.
  • The application of the Equality Act 2010 to pension matters.

Cases

BT v BT Pension Scheme Trustees
(to be heard in 2018)
Concerning the use of the RPI for pensions uprating.

Lloyds Bank Pension Trustees v Lloyds Bank
Ch D, Morgan J, July 2018, judgment awaited.
This case is concerned with whether there is an obligation to equalise for Guaranteed Minimum Pensions and, if so, how it is to be effected.

O’Brien v Ministry of Justice, Court of Justice of the European Union
June 2018.
This is the latest stage in the long-running part-time judges’ pension litigation.

R (Harvey) v Haringey LBC & Secretary of State for Communities and Local Government
(heard in June 2018)
A challenge to the Local Government Pension Scheme as being unlawfully discriminatory contrary to Article 14 ECHR against unmarried couples, because older versions of the scheme did not make provision for an unmarried partner to receive survivor’s benefits.

Lord Chancellor and Secretary of State for Justice v McCloud
(EAT) [2018] ICR 1039 and Sergeant v LFEPA [2018] IRLR 302.
These conjoined cases concern the question whether the transitional provisions for the new public sector pension schemes discriminate on age grounds, because they permit those within 10 years of retirement to remain in the (more generous) old schemes.   The appeals will be heard by the Court of Appeal in November 2018.

IBM v Dalgleish
[2017] EWCA Civ 1212, [2018] Pens LR 1; [2018] IRLR 4.
This case was heard over an almost unprecedented nine days in the Court of Appeal in May 2017.  Among the many issues addressed in this case was the imperial duty of good faith in pensions.

R (PCSU) v Minister for the Cabinet Office
[2017] EWHC 1787 (Admin); [2018] ICR 269; [2017] IRLR 96
A judicial review of amendments to the Civil Service Compensation Scheme reducing the value of certain redundancy and retirement benefits, on consultation grounds, breach of Articles 11 and A1P1 ECHR and the public sector equality duty.

Harrod & Ors v Chief Constable of West Midlands Police & Ors
[2017] EWCA Civ 191; [2017] ICR 869, [2017] IRLR 539 (“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.

Walker v Innospec Ltd
[2017] UKSC 47
Concerning the retrospective effect of a claim for sexual orientation discrimination in the provision of a survivor’s pension in a private sector scheme.

Hampshire v Board of the Pension Protection Fund
[2016] EWCA Civ 786
Concerning the cap on PPF compensation, and which is now pending before the CJEU.

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.

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.