A Practitioner’s Guide to Correcting Mistakes in Pension Schemes

Paul Newman, KC

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English

Bloomsbury Professional
02 June 2022

The discovery of mistakes in pension scheme documents is as common as it is potentially serious for the administration of the scheme and for the sponsoring employer. The large sums invested in pension schemes mean that such mistakes are often very costly indeed.

This book provides a practical guide to the different methods available to correct commonly-occurring mistakes in the governing provisions of pension schemes. It combines a detailed review of the law with (where relevant) practical tips, including analysis of the appropriate practice and procedure involved in the key methods of correction.

With a significant body of case law enabling more authoritative answers to be given to the legal issues affecting the correction of pension scheme mistakes, and more and more mistakes being discovered because of the move to secure pension scheme liabilities with insurance companies, trustees and employers need swift and accurate legal advice on what they can do to correct such mistakes. This book provides them and their legal advisers with that advice ensuring they do not make the same costly mistakes that others have made.

This book will help the reader to: ·

To select the most appropriate method of correcting the mistake ·

Consider including provisions in the terms of the pension scheme which may make the correction of the mistake easier and cheaper ·

Select the most tax-efficient way of correcting the mistake ·

Understand the processes involved in correcting the mistake ·

Better advise their clients as to how to deal with the mistake

This title is included in Bloomsbury Professional's Pensions Law online service.

By: Paul Newman KC
Imprint: Bloomsbury Professional
Country of Publication: United Kingdom
Dimensions: Height: 248mm, Width: 156mm,
Weight: 607g
ISBN: 9781526522702
ISBN 10: 1526522705
Pages: 384
Publication Date: 02 June 2022
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Chapter 1: Types of mistake Chapter 2: Proving compliance Chapter 3: Amendment Chapter 4: Saving part of the amendment Chapter 5: Construction Chapter 6: Rectification Chapter 7: Setting aside for mistake Chapter 8: Other equitable principles Chapter 9: Contract and estoppel Chapter 10: Mistaken overpayments Chapter 11: Mistaken underpayments Chapter 12: Mistakes in scheme transfers Chapter 13: Decision errors Chapter 14: Procedure Chapter 15: Compromises Chapter 16: Negligence Chapter 17: Tax

Paul Newman KC Paul is a barrister and Queen’s Counsel at Wilberforce Chambers which is ranked as the leading pensions set of chambers by both Legal 500 and Chambers and Partners. Paul is head of the Pensions Group in Chambers and has worked in the pensions field for over 30 years. He has contributed to several texts and written numerous articles, as well as lectured on the subject.

Reviews for A Practitioner’s Guide to Correcting Mistakes in Pension Schemes

This book is a useful addition to any private-client practitioner’s library, providing a quick and inexpensive steer to the equivalent, or near-equivalent, types of mistake that occur in the pensions field, and showing reasonable ways to search for solutions. -- Mark Herbert * Private Client Business *