PensionsThursday 25 July 2024
The Court of Appeal handed down judgment this morning in Virgin Media v NTL Pension Trustees II and others, the industry-wide, significant appeal relating to the operation of s.37 of the Pensions Schemes Act 1993 and the Occupational Pension Schemes (Contracting-out) Regulations 1996, and the meaning of “section 9(2B) rights” in that legislation.
Lord Justice Nugee gave the judgment of the CA (Lady Justice Asplin and Lord Justice Peter Jackson agreeing). The CA dismissed the company’s appeal and upheld the conclusion of the first instance judge, Mrs Justice Bacon. After a review of the legislative provisions and their purpose, the CA held that “section 9(2B) rights” include future rights to pension benefits that a member could continue to earn (as well as past service rights). Therefore, the requirement for actuarial confirmation and the sanction of voidness under s.37 PSA 1993, absent such confirmation, applies to all amendments to the rules of a contracted-out scheme in relation to section 9(2B) rights (covering both past and future rights).
Jennifer Seaman appeared for the Trustees (who were neutral), instructed by Eversheds Sutherland International.
People to view:
Articles
Daniel Jukes examines a recent case applying a six-year limitation period to Beckmann claims, and why its reasoning may be open to challenge. The article was first posted on Paul Newman KC‘s website pensionsbarrister.com Read the full article
By Daniel Jukes
Thursday 23 April 2026
Recent Cases
Pensions
Stephen Brown | Jonathan Chew
Thursday 19 March 2026
Articles
Allison Wu considers two recent determinations of the Deputy Pensions Ombudsman which apply common law principles in pensions contexts. The article was first posted on Paul Newman KC‘s website pensionsbarrister.com Read the full article
By Allison Wu
Thursday 19 March 2026
News
Paul Newman KC has been awarded a Visiting Research Fellowship at the Institute of Advanced Legal Studies (IALS) for 2026/2027, which will enable him to continue his research into 18th and 19th-century nominate law reporting. The IALS Visiting Research Fellowship... Read more
Wednesday 18 March 2026
View more