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Employer discretions about surplus: Employer’s powers and discretions on scheme winding-up
David Pollard has written a paper on surplus in trust based occupational pension schemes dealing with the position on a scheme winding-up.
This followed a session at the annual conference of the Association of Pension Lawyers (APL) last year.
Surplus in occupational pension schemes is a big topic. When analysing the legal issues arising on a use of surplus, many different legal issues can arise. The paper digs deeper into the issues of employer powers and discretions arising on the winding-up of a scheme.
The paper deals with:
- Introduction to surpluses
- On-going schemes
- Surplus refunds on a scheme winding-up
- Terms of the trust instrument
- Who has the discretion?
- Constraints on an employer
- Employer powers not fiduciary
- Fiduciary duties – overview
- Proper purposes
- Braganza duties/ mutual duty of trust and confidence
- Risk of a later challenge?
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