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Reference scheme meaning

What does Reference scheme mean?
A benchmark benefit design set out in UK pensions legislation. It is a hypothetical model—the “reference scheme”—against which a contracted‑out salary‑related (defined benefit) occupational pension scheme (COSR) was compared to check that its benefits were at least as good as the statutory minimum. This comparison, known as the Reference Scheme Test (RST), was provided for in the Pension Schemes Act 1993 (as amended, including by the Pensions Act 1995) and detailed in contracting‑out regulations. From 6 April 1997 until contracting‑out was abolished on 6 April 2016, a COSR scheme had to satisfy the RST to be, and remain, contracted out of SERPS/the State Second Pension. Although contracting‑out has ended, the reference scheme remains practically important. It underpins the identification and protection of post‑1997 contracted‑out benefits (commonly called section 9(2B) rights) and informs preservation, revaluation and indexation requirements, as well as benefit equivalence assessments on amendments and transfers. Usage and legal effect are broadly consistent across England & Wales and Scotland, with parallel provisions in Northern Ireland. There is no direct equivalent in Ireland, where there has been no contracting‑out regime.
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View the related Checklists about Reference scheme

CHECKLISTS
Employment settlement agreements for employers: drafting checklist covering statutory validity, tax (PENP/£30,000), pensions, shares/options, directors, public sector controls, covenants, confidentiality, references and adviser requirements

The employer and its advisers ought to reflect on the following matters: Preparatory steps From the employer, gather: a copy of the departing employee’s latest employment contract and any other documents setting out contractual terms (note: these might sit within a staff handbook) particulars of the employee’s contractual benefits pertinent details about the employee’s pension entitlements information on any shares/share options held by the employee; review the Articles of Association, any relevant shareholder agreement, and share scheme documentation. See also Shares and share options below Status of negotiations Will discussions occur directly between the parties, or via their respective legal advisers? How robust is the employer’s bargaining position? How credible are the employee’s existing or potential claims? For any dismissal, is there a fair reason and has a fair procedure been followed? Is the employer in repudiatory breach? What is the employer initially...

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CHECKLISTS
Grant of Representation: Estate Administration Questionnaire and Checklist for Assets, Liabilities, IHT and Beneficiaries (England and Wales)

Estate of [insert name of deceased] Clients: [insert names of executors/administrators] File reference: [insert file ref] The details requested in this questionnaire are needed for the application for a grant of representation. Please complete what you can, and also gather the death certificate together with any documents and passbooks, as asked for within this questionnaire. A Personal details of the deceased Copy death certificate enclosed YES / NO 1 State the courtesy title (Mr, Mrs, etc) and any professional title (eg Dr) 1.1 Provide the deceased’s full name 1.2 Provide any alternative name or names by which they were known 2 Occupation of the deceased 2.1 Was the deceased retired? YES / NO 2.2 National Insurance number 2.3 Unique taxpayer reference; please attach income tax papers 3 A Give the address of the nursing or care home (only if this was the deceased’s last address; otherwise leave blank) 3.1 B Provide the deceased’s usual...

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CHECKLISTS
UK Takeover Code Timetable for a Recommended Offer: From Rule 2.7 Announcement to Unconditionality and Squeeze-out (Day 0 to Day 60+)

This document sets out a comprehensive timetable for a recommended takeover offer, prepared by reference to the provisions of the City Code on Takeovers and Mergers (Code) and applicable statutory rules. It traces the process from the stages before a firm intention to make an offer is announced (a Rule 2.7 announcement) through to the completion of any 'squeeze-out' procedure. For other examples of takeover timetables, see: Timetable—hostile offer Timetable—scheme of arrangement Public company takeovers quiz Part 3 of our public company takeovers quiz features multiple-choice questions that assess users' knowledge of the offer timetable for takeover transactions. After each question, the correct answer is shown together with feedback and links to relevant materials. The quiz is designed for private practice lawyers, in-house counsel, corporate finance professionals and other parties involved in takeover transactions. For further details, see Practice Note: Public company takeovers quiz—Part 3...

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FLOWCHARTS
England and Wales disclosure flowchart: determine applicability of B&PCs Disclosure Scheme (CPR PD 57AD) or CPR 31/PD 31A/PD 31B

Procurement process flowchart This Procurement process flowchart outlines the sequence a procurement might follow, alongside the factors to weigh up so a clear and appropriate procurement route is observed. It further highlights the Precedents on hand to support you throughout the procurement journey. The Flowchart serves as an illustrative example rather than a conclusive guide. Organisations can, of course, operate quite distinct procedures; nevertheless, it offers a useful baseline or point of reference. Any contract value amounts shown are presented purely as examples for illustrative purposes only here...

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FLOWCHARTS
Archived: Commercial Rent (Coronavirus) Act 2022 arbitration: eligibility, notices, hearings, awards and moratorium end; scheme closed to new references (England and Wales)

This Flowchart This Flowchart supports your decision on whether a data protection impact assessment (DPIA) is necessary when initiating a new project that involves personal data from the outset, helping you decide effectively. It sets out: three scenarios in which a DPIA is mandatory under Article 35(3) of Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR); and ten further processing activities for which the Information Commissioner’s Office (ICO) requires a DPIA to be carried out Where a DPIA is not needed, you should think about using a simpler form of review, which we call a privacy impact assessment (PIA) instead. The Flowchart enables you to determine which assessment—DPIA or PIA—best fits your project in practice. For additional guidance on DPIAs and PIAs, see Practice Note: How to complete a data protection impact assessment—DPIA...

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NEWS
EU competition litigation update: Livronsa Euribor reference; General Court orders in Feralpi and Kingspan; State aid appeals on Swedish CCS auction and Madeira scheme; trackers and calendar (22 April 2025)

Antitrust The application in Case C-60/25 Livronsa has now been published, an Italian national reference asking whether national courts must regard the Euribor manipulation evidence confirmed by the Commission and the Court of Justice as conclusive, and whether the ensuing competition restriction applies only to the derivatives market or instead to all markets that use the manipulated Euribor benchmark—see also the application The General Court has recently issued an order in Case T-413/21 Feralpi v Commission, an action lodged against the Commission for failing to pay Default Interest as required by the General Court in Cases C-85/15 Feralpi v Commission...

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NEWS
UK and EU environmental law weekly update: emissions trading, energy and nuclear, ESG reporting, UK REACH, waste and producer responsibility, biodiversity, marine, water and litigation—26 February 2026

In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change DESNZ releases quarterly waste data reporting template for the UK ETS. The Department for Energy Security and Net Zero (DESNZ) has issued a template for quarterly waste data submissions under the UK Emissions Trading Scheme (UK ETS). It is designed for waste operators to use when sending quarterly data reports to their regulator during the voluntary monitoring, reporting and verification (MRV) period. See: LNB News 19/02/2026 50. AFME responds to European Commission consultation on climate resilience legislative framework. The Association for Financial Markets in Europe (AFME) has provided...

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NEWS
Construction law update: TCC Sunday deadline ruling, HRB gateway updates, PAP reform, UKSC digital portal, investment treaty award upheld, CIS change for traffic management, SBCC 2025 pricing, sector news

In this issue: Contract law Building safety Litigation Arbitration Tax for construction lawyers Standard form contracts Construction industry news Daily and weekly news alerts New and updated content Construction trackers Contract law Employer deemed out of time in issuing a notification on the Monday after a Sunday deadline (My Contracts v 74 Hamilton Terrace) In My Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 (TCC), the TCC issued a declaration at the contractor’s request concerning the construction of a clause that imposed a deadline for the employer to notify costs for which the contractor was responsible. The court concluded the employer missed the deadline by serving the notice on the Monday immediately after the final day for service, which had fallen on a Sunday. Central to the decision was that the clause made no provision for the period to be calculated by reference to ‘Business Days’. See News Analysis: Employer...

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View the related Practice Notes about Reference scheme

PRACTICE NOTES
Agricultural holdings disputes in Scotland: Scottish Land Court jurisdiction, exceptions, procedures and remedies; arbitration, mediation and appeals

For many years, virtually every disagreement about agricultural tenancies was sent to arbitration at the outset. The rationale was that questions concerning agricultural holdings often have a strong practical dimension, so arbitration was thought a more suitable forum than the courts. This reflected the earlier assumption that practical considerations predominated in such cases, making a court reference less apt back then. Over time, however, matters of considerable legal intricacy also came before arbitrators. With the enactment of the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003), policy shifted, and the main route for resolving disputes about agricultural tenant issues is now referral to the Scottish Land Court. At the same time, arbitration procedures were streamlined, and alternative processes, eg mediation, were enabled. Although the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) still sets out distinct mechanisms for dispute resolution, AH(S)A 2003 has substantially reshaped them, so that the arrangements for resolving disputes under 1991 Act Tenancies are, in large part, aligned with those for 2003 Act Tenancies...

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PRACTICE NOTES
Winding up UK trust-based DC occupational pension schemes: classification, triggers, expenses, data cleansing, securing benefits, disclosures, trustee protections and completion

This Practice Note sets out the principal steps for properly bringing to an end a defined contribution (DC) occupational pension scheme—also described as a money purchase occupational pension arrangement or a trust-based defined contribution plan. Throughout this Practice Note, this type of arrangement is termed a ‘DC scheme’. The guidance applies across a range of DC schemes, including trusts that sit outside the authorised master trust framework and small self-administered pension schemes (SSASs), although the latter may, in certain cases, be excluded from particular statutory obligations or requirements. This Practice Note does not cover the winding-up of any: an ‘authorised master trust’ under the Pension Schemes Act 2017 (PSA 2017)—for further detailed information, please see Practice Note: The authorisation and supervisory regime for master trusts, contract-based DC arrangements (eg group personal pension arrangements)—for further details and guidance, see Practice Note: Winding up of personal pension schemes Statute makes distinct and specific provision for hybrid schemes (combining defined benefit (DB) and DC...

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PRACTICE NOTES
Furloughed employees: calculating a week’s pay for redundancy, notice, unfair dismissal awards and related entitlements under the 2020 Week’s Pay Amendment Regulations [Archived]

ARCHIVED: This Practice Note is archived and not being maintained. It reviews the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which ensure that employees furloughed under the Coronavirus Job Retention Scheme (CJRS) for any period ending on or before 30 September 2021 receive statutory redundancy pay, statutory notice pay and other entitlements by reference to their usual earnings rather than the reduced furlough rate. For details on the Coronavirus Job Retention Scheme (CJRS), extended to 30 September 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived]. For general guidance on working out a week’s pay under sections 221–224 of the Employment Rights Act 1996 (ERA 1996), see Practice Note: Calculating a week’s pay. The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which took effect on 31 July 2020, prescribe how a week’s pay is to...

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View the related Precedents about Reference scheme

PRECEDENTS
Short-form employment settlement agreement template (English law) with termination payments, waiver of claims, confidentiality, permitted disclosures, and adviser certificate

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 ] [...

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PRECEDENTS
Convening Order for Creditors’ Meetings in a Part 26 Scheme of Arrangement (Companies Act 2006) — Directions on Notice, Proxies and Voting — England and Wales

Court Reference No: [ ENTER COURT REF ]...

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PRECEDENTS
Precedent notice convening meetings of scheme creditors to approve a Part 26 Companies Act 2006 scheme of arrangement (England and Wales)

Court Reference No: [ Provide court reference ]...

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Q&As
PHI Appeal: Does the Incapacity Implied Term Bar Dismissal?

You may wish to consider separately: the implied term the fairness of a dismissal which prejudices Permanent Health Insurance (PHI) rights, under the statutory law on unfair dismissal Where PHI benefits depend on employment continuing, the High Court has implied a term preventing dismissal during incapacity, save for summary dismissal (gross misconduct) or another compelling ground (eg redundancy). In Briscoe v Lubrizol, the Court of Appeal signalled a broader carve-out, permitting dismissal for ‘reasonable and proper cause’. Even so, such a term is not always to be implied. In Lloyd v BCQ (EAT) no implication was made where: a later written contract omitted any reference to the PHI scheme and contained an entire agreement clause there was, overall, no contractual entitlement to scheme benefits the contract expressly permitted dismissal for prolonged illness For more detail, including reconciling Briscoe and Lloyd, see Practice Notes: Dealing with long-term or chronic sickness—Consider any Permanent Health Insurance (PHI)...

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Q&As
Section 431 growth shares: income tax on hurdle reduction?

This Q&A proceeds on the basis that intended lowering of the hurdle attached to the growth shares is not one element of a pre‑arranged sequence of steps or a tax avoidance arrangement (for instance, where the plan from the outset was to grant the shares with a high hurdle and later reduce that hurdle to confer a benefit on employees). In that scenario, HMRC might effectively contend that the employment‑related securities rules are not engaged, and that employees are instead taxable to general earnings, by reference to the cases of PA Holdings Ltd v Revenue and Customs Commissioners and UBS AG v Revenue and Customs Commissioners...

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