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The third edition of Pension Law tracks regulatory developments, including the shift from solvency to going-concern funding as reflected by exemptions granted to public sector plans, conversions to target benefits and jointly sponsored plans, and industry consolidation. It also discusses major Supreme Court decisions since the last edition in 2013.
State pensions are the largest item in the UK social security budget, costing £96.7 billion in 2017/18. In the same year, 45.6 million people were members of UK occupational pension schemes (out of a total population of 66.4 million) and the total amount saved into workplace schemes in 2018 was £90.4 billion. A consequence of the pensions sector's large size has been that pensions law and social security law have become increasingly specialised areas of practice. Yet despite their social and economic importance and the fascinating legal issues they generate, pensions have not been the subject of sustained academic attention. This book starts to fill this gap by initiating a dialogue between practitioners and scholars working on pensions law and policy, groups who have much to learn from one another.
This publication has been the leading casebook in the field for 15 years. It is the most authoritative work available on this topic, extensively cited by the Supreme Court and other courts, and in the scholarly literature. The author team of Professors Langbein and Wolk is joined in the Fourth Edition by Professor Susan Stabile, a leading scholar of defined contribution pension plans.
This monograph explores the historical position of pensions law in the UK and the recent influences which have led to the introduction of Auto-Enrolment and subsequent reforms. Alternative models, such as the US and Australia, are also considered as well as the function of law in bringing about political changes. The question of saving for retirement is of national and international importance and many governments are wrestling with the issue of how to deal with the pension funding crisis. Consequently political policy has, in many cases, combined with behavioural science to inform new laws which have acted to shift the burden from the state into the private sector. Around the world responsibility is being moved onto individuals and employers as the state retreats from provision of state support in retirement; this book offers a sophisticated analysis of the role of legal intervention to facilitate this shift. The book explores the work of behavioural economics, its global influence on understanding financial decision-making and its application to legislation which seeks to influence consumer outcomes. Drawing on qualitative empirical research to explore the experience of implementation of Auto-Enrolment, this timely work considers the interaction with the work of behavioural science to highlight the social costs of the new regulatory regime.
Provides guidance through the complex web of pensions-related statues, regulations, regulatory guidance and case law, in an accessible style. Includes the following updates: Pension Protection Fund ('PPF') levy calculations and new provisions on compensation payments; changes to the charges and governance provisions, the new DC Code and the pension's regulator's new campaigns and policies; The General Data Protection Regulation ('GDPR'); Money laundering requirements for trustees; Financial services requirements under EMIR and MIFID II. Includes coverage of the following case law: Employer duties (IBM and BBC v Bradbury); Sex equalisation (Safeway v Newton); Sexual orientation (Walker v Innospec); Trustee powers (BA); Age discrimination (The judges and firefighter cases); Co-habiting partners (Brewster); Limitation for recovering overpayments (Webber); Barnardo's (pension increases and scheme modification) and Steria (amendment powers). Includes the following legislative changes: Pensions tax relief and tax charges on overseas transfers; The Financial Guidance and Claims Bill; DB White Paper; The master trust authorisation regime from the Pension Schemes Act 2017; Legislation on combating pension scams.
Covers retirement, disability, survivor and health care benefits.