Pensions in Dispute

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The Court of Appeal has ruled on two long-running disputes about the ability of an employer to change pension benefits for future service (for example by closing a scheme to future accrual and/or capping pensionable pay). The decisions provide greater clarity for employers and trustees considering similar proposals.

IBM: primacy of ‘reasonable expectations’ overturned -

The Court of Appeal’s decision in IBM v Dalgliesh overturns a significant previous High Court ruling that IBM had breached its Imperial duty (that is, the employer’s implied duty of good faith in exercising its powers under a pension scheme) and its contractual duty of trust and confidence towards its employees.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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