Solving Problems in Pension Scheme Administration - An Advanced Guide

Introduction

In recent times many occupational pension scheme trustees have had the unhappy experience of finding that when their scheme’s governing documentation comes under close scrutiny (for example, in connection with the preparation of a new definitive deed or as new advisers come to grips with the scheme) ambiguities, uncertainties and errors emerge.

Questions then follow:

• How is the scheme to be administered?
• How are its liabilities to be valued?
• What claims may the trustees face?
• Do the trustees or the employers have a claim against previous advisers if loss has been suffered?
• Have members been overpaid?

This new virtual classroom seminar will explore a case study depicting a hypothetical scheme enabling pensions expert Elizabeth Ovey to examine several practical problems which schemes may face and the potential ways forward. The scenario will consider:

• Execution problems
• Defective attempts at equalisation
• Breaking the final salary link
• Potential liabilities in respect of past transfers
• Court proceedings to resolve uncertainty
• Compensation for underpayments
• Recovery of overpayments
• Professional negligence claims

What You Will Learn

This live and interactive session will cover the following:

• Possible ways of resolving execution issues (and how to avoid them in future)
• Some less immediately obvious implications of defective equalisation
• When and how the final salary link may be broken
• When liability may arise in respect of a past transfer
• The scope for resolving issues through proceedings for construction or rectification
• Practical ways of dealing with past underpayments to transferees and the estates of deceased members
• The scope for recovery of overpayments
• Practical issues arising in professional negligence claims

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.