What does Bulk transfer mean? Bulk transfer describes moving, in a single transaction, the value of accrued pension rights (and corresponding liabilities/assets) for a defined group of members from one occupational pension scheme to another. It is a descriptive pensions term, with conditions and safeguards set by legislation rather than case law. Across England & Wales and Scotland, and in Northern Ireland via corresponding regulations, bulk transfers may proceed with or without member consent, subject to statutory tests. For defined benefit (DB) rights, trustees typically require an actuary’s certificate that members’ rights in the receiving scheme are, broadly, no less favourable. For defined...
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This introductory guide, dealing with trust-based occupational pension schemes, is chiefly for trainees, newly qualified lawyers and others, and anyone new to or unfamiliar with pensions law.
A Bulk transfer involves moving a defined cohort of members from one pension scheme (the transferring scheme) to another (the receiving scheme).
Under such a transaction, the transferring scheme pays a single, aggregated transfer amount to the receiving scheme, covering all of those members.
Those members then immediately cease to have benefit rights in the transferring scheme and instead acquire benefits under the receiving scheme.
This beginners’ guide outlines the various forms of bulk Pension transfer that may take place in practice.
For a concise introduction to individual pension transfers, please refer to Practice Note: Individual pension transfers—beginners’ guide.
If active members are included in a bulk transfer, careful consideration must be given to the basis (if any) on which they will build up future benefits in the receiving scheme.
Where a bulk transfer occurs between Defined benefit (DB) schemes, pensionable service is very commonly indeed treated as continuous...
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This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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