Accrued benefits meaning

Statutory right to cash equivalent Individuals in defined benefit workplace pension schemes have a legal entitlement to transfer the cash equivalent of their scheme benefits to certain other pension arrangements. From 30 November 2021, using this right requires meeting one of two conditions set out in the Occupational and Personal Pension Schemes (Conditions for Transfers) Regulations 2021, SI 2021/1237, designed to protect members from fraudulent schemes. The stated cash equivalent is guaranteed for a three‑month period. This statutory entitlement takes precedence over any conflicting terms in the scheme’s trust deed and rules. The right applies where a member’s pensionable service has ended at least one year before normal pension age and the member has accrued rights under the scheme. Members who continue in service after pensionable service ends only acquire a...

Statutory minimum increase rates The summary below sets out the current statutory minimum uplift that occupational pension schemes must apply each year to each tranche of pension. Period of pensionable service to which the pension relates (or, for money purchase benefits, the period in which contributions were paid): Before 6 April 1997 — no statutory minimum increase. However, to refund surplus assets to a sponsoring employer under the Social Security Pensions Act 1975, s 58A, it was necessary (until 5 April 2006) to revalue all pensions in payment (excluding GMPs and money purchase benefits) annually in line with RPI, capped at 5%. Despite the absence of a statutory minimum, most defined benefit schemes provide some pre-1997 indexation under scheme rules or as a discretionary benefit. As at March 2023, research indicates that only 17% of members of private sector defined benefit schemes receive no pre-1997 indexation on benefits. There have been calls on the government to legislate to mandate inflation-linked increases to pensions...

3i Plc v Decesare (as representative member of the 3i Group Pension Plan) and other companies [2025] EWHC 3023 (Ch) What are the practical implications of this case? It is commonly understood that a ruling fixing the meaning of terms in one instrument does not bind a later court faced with different wording, yet earlier decisions can still carry weight as illustrations of how particular expressions might be interpreted elsewhere, in light of the reasoning for preferring one construction over another. In British Broadcasting Corporation v BBC Pension Trust [2024] EWCA Civ 767 (the BBC case), the Court of Appeal examined an amendment power which barred changes from operating in relation to active members whose interests were said by the scheme actuary to be affected, save where specified exceptions applied. No amendment was to take effect for active members unless one of several circumstances existed. One issue was whether ‘interests’ embraced the ability of members to accrue any future service benefits. The Court, viewing the term in its context,...

In this issue: Pension Schemes Bill The Pensions Regulator Financial Conduct Authority Daily and weekly news alerts Dates for your diary Trackers Pension Schemes Bill Bill amendments agreed in Report Stage of the House of Lords On 16, 19 and 23 March 2026, notable changes (including non-government proposals) were agreed to the Pension Schemes Bill, most prominently scrapping the reserve power to dictate how certain schemes invest their assets, whilst preserving the broader framework on scheme scale. The Lords also set out a fresh regulatory exemption from scale obligations, permitting schemes to forgo consolidation where it would not enhance member outcomes, together with new duties on the government to factor in innovation and competition when drafting regulations. Other agreed amendments include: confirming that the guided retirement duty extends to deferred members as well as active members and pensioners adding a new chapter to the PSB on the Atomic Weapons Establishment (AWE) Pension...

Original news Mrs R (CAS-13126-Z0N2)—3 December 2025 Summary The Deputy Pensions Ombudsman has found in favour of a complaint concerning a disagreement about whether an alleged transferring or receiving scheme remained liable to deliver a member’s accrued benefits. The Deputy Pensions Ombudsman concluded that the absence of proof—no transfer application or discharge—substantiating any transfer indicated that no transfer actually occurred, and that responsibility therefore stayed with the original scheme. This decision demonstrates the stance the Pensions Ombudsman will adopt when resolving factual disputes. What were the facts? Mrs R was a deferred member of the HSBC UK Bank Pension Scheme (the Scheme). She exited the Scheme in 1990 and was sent transfer paperwork stating a transfer value of £5,287. The Scheme’s ledger subsequently noted that her benefits, including guaranteed minimum pension (GMP), were transferred in 1992 to a Liberty Life Personal Retirement Plan (the Plan)...

The legislative framework The Pension Schemes Act 2017 The Pension Schemes Act 2017 (PSA 2017) is designed to strengthen safeguards for members of master trusts by tightening oversight of master trusts and addressing risk areas inherent in the master trust model when set beside other occupational pension schemes (such as profit-driven objectives, large cohorts of disengaged savers, and the potential jeopardy to pension pots if a master trust collapses). In summary, from 1 October 2018: master trusts must secure authorisation from the Pensions Regulator to operate as a master trust (with existing master trusts given until 31 March 2019 to submit an authorisation application, subject to any extension of the deadline granted by the Pensions Regulator). Five conditions must be met before the Pensions Regulator will grant authorisation—see: Authorisation criteria, below the Pensions Regulator has responsibility for the ongoing supervision of master trusts—see: Ongoing supervision and The Pensions Regulator’s proposed approach to supervision and enforcement, below master trusts must identify and manage ‘triggering...

This Practice Note concentrates on the matters that applied prior to 6 April 2016—the date on which salary-related contracting-out (often called DB contracting-out) was brought to an end—when buying out these contracted-out salary-related (COSR) entitlements: guaranteed minimum pensions (GMPs)—the benefits built up by COSR scheme members as a result of contracting out between 6 April 1978 and 5 April 1997 Section 9(2B) rights (also referred to as post-1997 COSR rights)—the benefits accrued by COSR scheme members as a result of contracting out between 6 April 1997 and 5 April 2016 The legislative requirements that applied differed according to whether the relevant contracted-out rights were GMPs or Section 9(2B) rights. For guidance on the buy-out considerations from 6 April 2016 for Section 9(2B) rights and GMPs, see Practice Note: Buying out Section 9(2B) rights and GMPs from 6 April 2016. For general issues relating to buy-outs, see Practice Note: De-risking—pension buy-outs and buy-ins. For information on the ending of DB contracting-out on 6 April...

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 On a relevant transfer, TUPE 2006 effects a statutory novation of transferring employees’ contracts: the transferee steps into the transferor’s shoes. This Practice Note outlines the rights, powers, duties and liabilities that pass, and treats the transferor’s acts or omissions as those of the transferee in relation to transferring staff. For fuller guidance on: what amounts to a relevant transfer under TUPE 2006, see Practice Notes: TUPE—business transfers and TUPE—service provision changes who counts as transferring employees, see Practice Note: TUPE—transfer of employees the duty to inform and consult about a relevant transfer, see Practice Note: TUPE—information and consultation how TUPE 2006 protects transferring staff against contractual variations and dismissal, see Practice Notes: TUPE—variation of contract terms and TUPE—protection against dismissal For a checklist of employment-related liabilities that arise on a relevant transfer under TUPE 2006, and whether they pass from transferor to transferee, see: What...

This Agreement is made on [ insert date ] Parties [ Insert Employer’s name ], whose registered office is at [ insert Employer’s address ], company registration number [ insert Employer’s company number ] (Employer); [ Insert Employee’s name ] of [ insert Employee’s address ] (you). The parties agree: Termination of employment 1.1 Your employment with the Employer [ will terminate OR terminated ] owing to [ insert reason for termination ] on [ insert date ] (Termination Date). 1.2 For the period up to and including the Termination Date, you [ will be OR have been ] paid your accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions ( PAYE Deductions )) and [ will have OR have ] received your contractual benefits [ , including a payment of £[ insert amount ] in respect of [ insert number ] days’ accrued but untaken holiday entitlement ] [...

This Agreement is entered into on [ insert date or leave date blank ] [ year ]. Parties [ Insert Employer’s name ], whose registered office is at [ insert Employer’s address ], company registration number [ insert Employer’s company number ] (Employer); and [ Insert Employee’s name ] of [ insert Employee’s address ] (you). The parties agree as follows: 1 Termination of employment 1.1 Your employment with the Employer [ will terminate OR terminated ] due to [ insert reason for termination ] on [ insert date ] ( Termination Date ). 1.2 You [ will be OR have been ] paid the accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions ( PAYE Deductions )) and [ will have OR have ] received your contractual benefits [ , including a payment of £[ insert amount ] in respect of [ insert number ] days’ accrued but untaken holiday entitlement...

This template is prepared on the footing that the drafter acts for the buyer. The warranties below are framed for a transaction where the Buyer: chooses to mirror pension entitlements for transferring Employees within the same pension scheme by executing a deed of substitution to participate and take on responsibility for the scheme, or agrees to accept a transfer of Employees’ past service benefits from the Seller’s pension scheme into its own scheme. You are strongly advised to engage a pensions specialist at the earliest opportunity. 1 Interpretation and definitions For the purposes of paragraphs 2 to 7 (inclusive): [ Employee means [ define as required, either by class or by naming individuals ]; ] Pension Scheme [s] mean[s] [ [ insert name(s) of scheme(s) ] OR any arrangement or practice for the payment of, or contributions towards, an annuity, pension, lump sum, gratuity or comparable benefit provided on retirement, long-term ill-health or death, or under a...

Under WTR 1998, workers get 5.6 weeks’ annual leave each year: a basic entitlement of four weeks’ leave (20 days for a standard full‑time worker) implementing article 7 of the Working Time Directive (WTD) an additional 1.6 weeks’ leave (eight days for a standard full‑time worker) created by domestic law only Understanding this distinction is important because: European Court of Justice case law concerns the WTD alone, so it applies only to the basic four weeks’ paid leave holiday pay is calculated differently for: the basic four weeks, and the additional 1.6 weeks The general rules as to the right to carry forward accrued holiday entitlement are that: the basic four weeks must be taken in the leave year earned and cannot be carried over (though an employer may choose to allow it) a relevant agreement may allow the additional 1.6...