Active member meaning

This Checklist offers an overview of the information an annual benefit statement must contain under regs 16, 16A and 17 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013, SI 2013/2734 (the Disclosure Regs 2013). It applies irrespective of whether the pension arrangement in question is a defined benefit scheme, a cash balance arrangement or any other money purchase set‑up. Benefit statements for benefits other than money purchase benefits Active, deferred and pension credit members who are entitled to benefits other than money purchase benefits (for example, final salary or career average benefits) may ask the trustees or managers of the scheme for a benefit statement once in every 12‑month period. The trustees must provide the statement as soon as practicable and, in any event, within two months of their request. The precise content of the annual benefit statement varies according to the member’s status, and the accompanying table identifies the information requirements for benefit statements for each relevant type of member...

ARCHIVED: 11 pm (GMT) on 31 December 2020 signalled the conclusion of the Brexit transition/implementation phase that followed the UK’s exit from the EU. At that moment in time (known in UK legislation as ‘IP completion day’), the principal transitional provisions finally ceased. From IP completion day, the UK is unable to take an active role in the European Arrest Warrant (EAW), as EAWs apply solely to Member States...

Antitrust Commission penalises Eurofield and Unanime Sport €172,000 for incomplete information in synthetic turf sector probe The Commission stated it has imposed fines totalling about €172,000 on Eurofield SAS (Eurofield) and Unanime Sport SAS (Unanime Sport), the ultimate parent of Eurofield at the time of the infringement, for submitting an incomplete response to an information request issued as part of its ongoing inquiry into a possible infringement of Article 101(1) TFEU. Background On 7 June 2023, the Commission revealed that it had carried out unannounced inspections at the premises of companies active in the synthetic turf sector across several Member States. It explained that the inquiry concerns synthetic turf for sports use and noted its concerns that the inspected companies may have breached Article 101 TFEU. In the course of this investigation, the Commission also sent requests for information to the companies under investigation, including Eurofield...

The panel of justices at the appellate court decided, in a unanimous opinion, that the effort by the BBC to reduce its rising costs in the BBC Pension Scheme (the Scheme) undermined the interests of its members. The dispute focused on interpreting a provision within the Scheme’s governing deeds, which safeguards members from changes impinging on their ‘interests’. Justice Kim Lewison observed that, when considering if an active member possesses an interest in the particular elements of the benefit design challenged in the claim form, his conclusion—mirroring the judge’s—was affirmative. The case was closely fought over this point of construction within the Scheme’s legal deeds in question...

The justices declined to take up the petition from Wenbin Que, who sought to overturn a Ninth Circuit ruling that left him liable for a US$55m arbitral award in favour of fellow Chinese national Lihua Song after a soured investment, arising from a failed deal. Que alleges a ‘rogue’ member of a three-arbitrator panel walked out of an active hearing to wander his flat, use the toilet, and embark on a ‘misadventure’ with an unrelated woman that included travelling by car and boarding a train. He argued that courts have recognised that bias or misconduct by one participant on a multi-member tribunal can infect the entire proceeding. According to the petition, the Ninth Circuit accepted that this conduct was ‘concerning’, but set that concern aside on the basis that ‘the remaining two arbitrators behaved properly’. That two-out-of-three rationale is erroneous, the filing contends, and requires correction...

A risk with employment cessation events is that they can be set off unintentionally, for example because the last remaining active member of an employer in a multi-employer defined benefit scheme has left. The Employer Debt Regulations, SI 2005/678 were amended with effect from 6 April 2008 to introduce grace periods, a device intended to help employers deal with accidental employment cessation events. For further information on employment cessation events and other section 75 triggers, see Practice Note: When is a section 75 debt triggered? When can a grace period be used? When can a grace period be used? An employer in a multi-employer defined benefit scheme may notify the trustees that it wishes to enter a grace period (by giving a grace period notice) if: that employer ceases to employ active members at a time when at least one other employer still employs active members, thereby creating an employment cessation event, and it intends to employ at least one individual who is an...

This Practice Note This Practice Note offers a summary of the categories of parties that may take part in litigation in England and Wales, whether as claimants or defendants, together with the principal procedural matters and practical points their legal advisers should consider. It outlines who may sue or be sued and the implications for case management and strategy. Corporations Partnerships Sole traders Unincorporated associations Children Insolvent individuals or companies Groups The estate of a deceased party Litigants in person It is crucial that party status aligns with the issues to be determined. In Haque (representative/member of Muttahida Quami Movement Pakistan unincorporated association) v Hussain, the defendants were sued as trustees but advanced a defence which the court held could be pursued only in their capacity as members of an unincorporated association, not as trustees. At [27], the judge noted that, in principle, the active defendants should have recognised this within stage one of the...

Statutory framework At present, four principal pension schemes operate in England and Wales for members of the armed forces. These are: Armed Forces Pension Scheme 1975 (AFPS 1975) — formerly open only to the regular forces; closed to new members from 6 April 2006 and stopped future accrual from 1 April 2022 Armed Forces Pension Scheme 2005 (AFPS 2005) — likewise for the regular forces only; also closed to future accrual from 1 April 2022 Reserve Forces Pension Scheme 2005 (RFPS 2005) — open to full time reservists; again closed to future accrual from 1 April 2022 Armed Forces Pension Scheme 2015 (AFPS 2015) — open to the regular forces and all reservists; effective from 1 April 2015 There are also several other schemes, run by the same manager, that provide pension or other occupational benefits to armed forces personnel. This Practice Note focuses on AFPS 2015. The AFPS 2015 was established under section...

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 trustees ] trustees, comprising [ insert number of MNTs ] trustees nominated by the Members (the...

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 circumstances and/or its membership...

Auto-enrolment—who needs to be enrolled?—Exceptions to the auto-enrolment duty Please consult the Practice Note: Auto-enrolment—who needs to be enrolled?, with particular focus on the section headed ‘Auto-enrolment—who needs to be enrolled?—Exceptions to the auto-enrolment duty’...