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.
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This book is a useful addition to any private-client practitioners 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 *
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A Practitioners Guide to Correcting Mistakes in Pension Schemes provides a practical guide to the different methods available to correct commonly occurring mistakes in the governing provisions of pension schemes.
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 Queens 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.
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