Blake Morgan LLP
7 Experts
17 Contributions by Blake Morgan LLP
PRACTICE NOTES
Purpose of participation
Admitting a new employer to an occupational pension scheme is intended to extend the scheme’s benefits to that employer’s relevant employees, ensuring those workers of the new employer can access the benefits provided.
Reason for participation
An employer might choose to participate in a scheme for various reasons. For example:
it has recently been acquired by an employer that already participates in the scheme
following a business reorganisation, employees have transferred to it from another employer that is already in the scheme
it wishes to alter the pension arrangements offered to its staff (for instance, closing a defined benefit scheme to new members and joining another group defined contribution arrangement), or
it must enter a pension scheme for automatic enrolment purposes
Who may participate?
The scheme’s governing documentation determines who can become a participating employer in any particular scheme and will set out the conditions for
Pensions
PRACTICE NOTES
Automatic enrolment duties
The auto-enrolment framework, created under Part 1 of the Pensions Act 2008 (PenA 2008), places three principal enrolment obligations on employers:
automatically enrol every ‘eligible jobholder’ into an ‘automatic enrolment scheme’ (the auto-enrolment duty)
enrol ‘non-eligible jobholders’ into an ‘automatic enrolment scheme’ when they opt in
enrol ‘entitled workers’ who ask to join a scheme into a registered pension scheme
In broad terms, from 2017 the enrolment duties take effect for an employer on the date their first worker starts employment. The minimum quality criteria an automatic enrolment scheme must meet depend on the type of arrangement, for example whether it is a defined benefit (DB) or defined contribution (DC) scheme.
To assist employers in meeting the auto-enrolment duty, the government set up a low-cost pension scheme — the National Employment Savings Trust (NEST) — which was fully compliant. Many employers still use NEST, and the
Pensions
PRACTICE NOTES
Definitive deed and rules—the enabling power
The trustees should first confirm that the scheme’s current definitive deed and rules include authority to replace the principal employer in the required way. If no such authority exists, or the present power does not sufficiently allow the proposed substitution, the parties should consider whether the scheme can be amended to introduce an appropriate power.
Trustees’ considerations
Trustees, in particular, should not simply exercise any power vested in them (or give consent, where relevant) to admit a new principal employer in place of the departing principal employer. Where the scheme is a defined benefit arrangement, further matters will need to be assessed.
Trust law and employer covenant issues
Trustees must have regard to their duties under trust law and should first review all relevant circumstances, including:
the employer covenant of the proposed principal employer. Specifically, will the incoming employer offer a
Pensions
PRECEDENTS
Name of Adviser
Information on interests/conflicts (actual, potential, or otherwise)
Date of declaration
Further action needed? (Y/N)
Steps taken
Follow-up needed? (Y/N)
Date of resolution...
Pensions
PRECEDENTS
This Deed is entered into on the [ insert day ] day of [ insert month ] 20[ insert year ]
Parties
[ Insert full company name ], incorporated in England and Wales with company number [ insert number ], and whose registered office is at [ insert registered company address ] (the Departing Employer);
[ Insert full company name ], incorporated in England and Wales with company number [ insert number ], and whose registered office is at [ insert registered company address ] (the Receiving Employer); and
[ [ Insert full name of company ] incorporated in England and Wales with company number [ insert number ] and having its registered office at [ insert registered company address ] OR [ insert individual name(s) ] of [ insert individual address(es) ] ] (the
Pensions
PRECEDENTS
Date: [ insert date ]
(1) [ Name of Principal Company ]
(2) [ Names of Trustees ]
(3) [ Name of New Employer ]
Deed of Participation relating to [ Name of Scheme ]
This Deed is executed the [ insert day ] day of [ insert month ] 20[ insert year ].
Parties
[ insert full company name ] registered in England and Wales under company number [ insert number ] and with its registered office at [ insert registered company address ] (the “Principal Company”);
[ [ insert full name of company ] registered in England and Wales under company number [ insert number ] and with its registered office at [ insert registered company address ] OR [ insert individual name(s) ] of [ insert individual address(es) ] ] (the “Trustees”);
[ insert full name of the new
Pensions
PRECEDENTS
This Deed is entered into on the [ insert day ] day of [ insert month ] 20 [ insert year ], by and between the parties set out below, namely:
Parties
[ insert full company name ], registered in England and Wales with company number [ insert number ], and having its registered office situated at [ insert registered company address ] (the Receiving Employer);
[ insert full company name ], registered in England and Wales with company number [ insert number ], and having its registered office situated at [ insert registered company address ] (the Principal Employer);
[ insert full name of company ], registered in England and Wales with company number [ insert number ], and having its registered office situated at [ insert registered company address ] OR [ insert individual name(s) ] of [ insert
Pensions
PRECEDENTS
Date: [ insert date ]
(1) [ name of Former Principal Employer ] (2) [ names of Trustees ] (3) [ name of the New Principal Employer ]
Deed of Substitution of principal employer[ and change of scheme name] relating to [ name of the scheme ]
This deed is entered into on the [ insert day ] day of [ insert month ] 20[ insert year ].
Parties
[ insert name of retiring employer ], incorporated in England and Wales under company number [ insert company number ], with its registered office at [ insert registered company address ] (the Former Principal Employer);
[ [ insert full name of company ] incorporated in England and Wales under company number [ insert company number ] and whose registered office is at [ insert registered company address ] OR [ insert individual name(s) ] of [ insert
Pensions
PRECEDENTS
To: the [ Active AND/OR Deferred AND/OR Pensioner ] Members (“[ the Members ]”) of the [ insert name pension scheme ] [ “the Scheme” ]
From: The Scheme’s Trustees
Date: [ Insert date sent to members ]
Background
In accordance with the Pensions Act 2004 (PeA 2004) and the Pension Regulator’s General Code of Practice (“the General Code of Practice”), occupational pension schemes must have arrangements ensuring that at least one third of trustees are nominated by members, unless the Scheme is exempt under legislation. The General Code of Practice states that the MNT arrangement should include a mechanism for periodic review to confirm whether it remains suitable for the Scheme, with such reviews to occur every three to five years. The General Code of Practice also indicates that the arrangement should be reassessed whenever there is a material change to the Scheme’s
Pensions
PRECEDENTS
To: the [ active AND/OR deferred AND/OR pensioner ] members [ (the “Members”) ] of the [ insert name of pension scheme ] [ (the “Scheme”) ]
From: The trustees of the Scheme
Date: [ Insert date sent to members ]
The Pensions Act 2004 (the “2004 Act”) and the Pensions Regulator’s General Code of Practice (the “General Code of Practice”) require occupational pension schemes to have arrangements ensuring that at least one third of trustees are nominated by members, unless the Scheme is exempt under legislation.
Background
Consistent with the 2004 Act and the General Code of Practice, the trustee [ s ] of the Scheme (the “Trustees”) invite nominations from those eligible to nominate for [ insert number of member-nominated trustees sought ] new member-nominated trustee roles.
The current position
The Scheme is currently constituted by [ insert total number of
Pensions
PRECEDENTS
The Scheme's process for choosing and appointing member-nominated trustees states that, if nominations outnumber vacancies for a member-nominated trustee, a ballot shall then be conducted in those circumstances accordingly...
Pensions
PRECEDENTS
To the attention of the Trustees of [ enter pension scheme name ] (the “Scheme”)
Please note: to be valid, this nomination form must reach [ enter the name and address of appropriate individual ] no later than [ enter the date and time at least one day and one month after members are asked to nominate ]
Nominations...
Pensions
PRECEDENTS
In line with s 241 of the Pensions Act 2004, the Scheme’s trustees (the Trustees) have agreed to adopt the member-nominated trustee arrangement as attached herein...
Pensions
PRECEDENTS
Name of Trustee
Information on interest or dispute (actual, potential or otherwise)
Date noted
Additional steps needed? (Y/N)
Steps completed
Post-review needed? (Y/N)
Date concluded
...
Pensions
PRECEDENTS
The trustees of the Scheme (the Trustees) have determined [ with the approval of [ insert name of person ] ] , in line with [ insert clause/rule in governing deed and rules permitting...
Pensions
PRECEDENTS
THIS PRECEDENT APPLIES TO SCHEMES UNTIL 5 APRIL 2016.
For more details, refer to Practice Note: Payment of surplus to employer—ongoing pension schemes...
Pensions
PRECEDENTS
THIS PRECEDENT APPLIES TO SCHEMES UNTIL 5 APRIL 2016.
FOR MORE DETAILS, CONSULT PRACTICE NOTE: Payment of surplus to the employer—ongoing pension schemes...
Pensions
3 Contributions by Blake Morgan LLP Experts
PRACTICE NOTES
This Practice Note provides a practical overview of the impact that criminal investigations, prosecutions and convictions may have on healthcare practitioners, and on the integrity of the register that regulators have a statutory duty to maintain. It should be considered alongside the Practice Note: Common principles in fitness to practise proceedings and the relevant Practice Note for each regulator below:
General Dental Council—fitness to practise proceedings
General Medical Council—fitness to practise proceedings
General Optical Council—fitness to practise proceedings
General Pharmaceutical Council—fitness to practise proceedings
Health and Care Professions Council—fitness to practise proceedings
Nursing and Midwifery Council Proceedings—fitness to practise proceedings
Social Work England—fitness to practise proceedings
Function of criminal courts v fitness to practise proceedings
The distinct purposes of the criminal courts and professional regulators, and how they interact, were analysed in Bawa-Garba v GMC. The appeal centred on the
Local Government
PRACTICE NOTES
This Practice Note seeks to summarise the leading case law and shared principles that arise in fitness to practise (FtP) proceedings before most healthcare regulators’ FtP panels. It sets out the common procedural phases, including investigation and the admissibility of evidence, the scope of case examiners’ powers, interim orders, and recurring themes such as dishonesty and racist language. The term ‘registrant’ refers to the regulated professional who is the subject of FtP proceedings. It should be read alongside Practice Note: Criminal proceedings and convictions in healthcare regulatory proceedings and the separate Practice Note for each regulator listed below:
General Dental Council—fitness to practise proceedings
General Medical Council—fitness to practise proceedings
General Optical Council—fitness to practise proceedings
General Pharmaceutical Council—fitness to practise proceedings
Health and Care Professions Council—fitness to practise proceedings
Nursing and Midwifery
Local Government
PRACTICE NOTES
The public sector equality duty (PSED)
Set out in Part 11 of the Equality Act 2010 (ss 149–159), the public sector equality duty (PSED) comprises a general equality duty applying UK-wide to public bodies listed in Schedule 19 of the EqA 2010, alongside specific duties intended to support delivery of the general duty and enhance transparency. Although the general duty is identical across England, Wales and Scotland, the specific duties made under EqA 2010, s 153 vary. In Wales, listed public bodies must meet particular specific duties that sit alongside the UK-wide general duty. These specific duties bind listed Welsh bodies only. They do not extend to non-devolved public authorities operating in Wales. Under EqA 2010, s 149, the general duty requires public authorities and those exercising public functions to have 'due regard' to the need to:
eliminate
Public Law
If you expected to see yourself on this page, click here.
