| 1 | Bribery Act 2010: toolkit A toolkit to assist with Bribery Act 2010 compliance. | Practice note: overview | Maintained |
| 2 | Closing defined benefit schemes to future accrual: overview This note examines some key issues for employers and trustees connected to an employer proposal to close a defined benefit pension scheme to future benefit accrual. | Practice note: overview | Maintained |
| 3 | Conflicts of interest toolkit A toolkit giving pensions practitioners the standard documents needed to set up a pension scheme's conflict of interest policy and enable the trustees to manage any conflicts which arise. | Practice note: overview | Maintained |
| 4 | Member-nominated trustee toolkit Under the Pensions Act 2004, trustees of occupational pension schemes must set up and implement arrangements to ensure that at least one-third of the trustees on their board are nominated by the members. | Practice note: overview | Maintained |
| 5 | Notifiable events: a quick guide A summary of the statutory requirements on the trustees and employers of defined benefit pension schemes to notify the Pensions Regulator if certain scheme-related or employer-related events occur. The requirements arise primarily from the Regulator's duty to limit calls on the Pension Protection Fund (PPF), and only apply to schemes eligible for the PPF. | Practice note: overview | Maintained |
| 6 | Pension trustees' duties of care and skill This note considers pension trustees' duties of care and skill arising under common law, statute and the regulatory regime. It includes practical points that trustees should bear in mind when complying with these duties and a summary of the consequences of breach. | Practice note: overview | Maintained |
| 7 | Amending occupational pension schemes This practice note considers the circumstances in which trustees and employers can amend the provisions of their occupational pension schemes. The note examines the position under trust law, highlighting the main cases about the scope of scheme amendment powers and the formalities required. The note also looks at the various statutory restrictions on exercising amendment powers, including the "subsisting rights" provisions in section 67 of the Pensions Act 1995, and the circumstances in which trustees may modify a scheme by resolution under section 68 of the Pensions Act 1995. | Practice notes | Maintained |
| 8 | Appointment, retirement and removal of pension trustees This practice note considers the law relating to the appointment, retirement and removal of trustees to and from occupational pension schemes. | Practice notes | Maintained |
| 9 | Bribery Act 2010: corporate criminal liability This note considers how criminal liability for offences under the Bribery Act 2010 may attach to companies. | Practice notes | Maintained |
| 10 | Bribery Act 2010: corporate hospitality, gifts and expenses This note looks at how promotional expenses, such as corporate hospitality and gifts, may be dealt with under the Bribery Act 2010. | Practice notes | Maintained |
| 11 | Bribery Act 2010: enforcement: prosecutorial discretion This note explains what principles the Serious Fraud Office (SFO) must apply when making decisions about how to deal with cases of suspected criminal activity. In particular, the note examines the various guidelines the SFO must apply, particularly with regard to the Bribery Act 2010. | Practice notes | Maintained |
| 12 | Bribery Act 2010: facilitation payments This note looks at facilitation payments, examining in particular what they are, why the lack of an exemption in the Bribery Act has been controversial, how the SFO plans to enforce the Bribery Act in relation to them and what can be done to prevent them being made. Information is also given on the position the OECD and other countries have taken towards facilitation payments. | Practice notes | Maintained |
| 13 | Conflicts of interest: Should the finance director be a trustee? The thrust of recent pensions legislation has been to give greater powers to trustees of pension schemes. The Pensions Regulator considers trustees should take a more independent position with the sponsoring employer and act like a creditor - meaning more negotiations between trustees and the employer. This note looks at the conflict of duty that can arise for the individuals concerned, and identifies the factors that companies and individuals should take into account when deciding whether a director or other senior officer should be a pension trustee. It supplements Regulator guidance on conflicts of interest. | Practice notes | Maintained |
| 14 | Directors' duties: comparison between Companies Acts 2006 ... A note outlining the changes to the law on directors' duties under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. For a more detailed note on this topic, see Practice note, Directors' general duties under the Companies Act 2006. Chapter 2 of Part 10 (general duties of directors) came into force on 1 October 2007, other than the provisions relating to directors' conflict of interest duties (sections 175 to 177). Sections 177 to 175 came into force on 1 October 2008. | Practice notes | Maintained |
| 15 | Directors' liabilities: Companies Act 2006 A note outlining the changes to the law on directors' liabilities under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. Chapter 7 of Part 10 (directors' liabilities) came into force on 1 October 2007. | Practice notes | Maintained |
| 16 | Disclosure: providing information to members This practice note considers the requirements on trustees and employers to disclose certain information to pension scheme members, prospective pension scheme members, beneficiaries, spouses and civil partners, and recognised trade unions. The note specifically concentrates on the obligations set out in The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (SI 1996/1655). | Practice notes | Maintained |
| 17 | Fiduciary duties An outline of the common law fiduciary duties, ways of modifying those duties (including the use of Chinese walls) and proposals for reform. | Practice notes | Maintained |
| 18 | Hard times: pensions implications of the ongoing financial ... This note highlights the continuing implications of the harsh financial climate in 2010 for defined benefit and defined contribution pension schemes. It considers the practical steps that trustees and employers may take in dealing with the legal and regulatory issues arising, with links to related information. | Practice notes | 25-Feb-2010 |
| 19 | Ill-health early retirement pensions This practice note considers the circumstances in which members of occupational pension schemes may qualify for ill-health early retirement pensions, and looks at various issues that arise for trustees and employers in deciding whether to award them. | Practice notes | Maintained |
| 20 | Internal dispute resolution procedure This note considers the legal requirements for scheme trustees or managers to put in place an internal dispute resolution procedure (IDRP), the terms of the IDRP, who may use it to complain and the common issues arising when managing an IDRP complaint. | Practice notes | Maintained |
| 21 | Investing for pension schemes: a guide to the parties and ... This practice note provides a guide to the role of advisers and other parties which trustees of occupational pension schemes may have to engage or liaise with when investing scheme assets. | Practice notes | Maintained |
| 22 | Key topics citator A "reverse" citator setting out the main legislative provisions, regulatory materials, leading cases and determinations of the Pensions Ombudsman for some key topics in occupational pensions. Links are also included to the main PLC Pensions materials available for each topic. | Practice notes | Maintained |
| 23 | Managing risk in defined benefit schemes: overview This note explores the reasons why the cost and risks associated with defined benefit pension schemes have increased over recent years, and looks at strategies for employers to manage or reduce this risk. | Practice notes | Maintained |
| 24 | Member-nominated trustees and directors This practice note considers the requirements under the Pensions Act 2004 on the trustees of occupational pension schemes to put in place arrangements that ensure that at least one-third of their number are nominated by the members. | Practice notes | Maintained |
| 25 | New money laundering regulations: pension trustees need not ... Following publication by HMRC of the final version of its long-awaited MLR 9 guidance, it is now clear that trustees of occupational pension schemes are not expected to register with HMRC under the Money Laundering Regulations 2007. This includes professional trustee companies and directors of trustee companies. | Practice notes | 07-Aug-2008 |
| 26 | Pension scheme buyouts and buy-ins This practice note examines pension scheme buyouts and buy-ins and considers key issues for employers and trustees in full and partial buyouts, buy-ins and other deferred liability mitigation exercises. The note also includes a summary of statutory restrictions on buying out contracted-out rights. | Practice notes | Maintained |
| 27 | Pension scheme investment: trustees' duties This practice note considers the powers and duties of pension scheme trustees in relation to the investment of scheme assets. | Practice notes | Maintained |
| 28 | Pension trustee exoneration and indemnity clauses Trustee exoneration and indemnity clauses protect trustees from personal liability to scheme members and beneficiaries for breach of trust and negligence. This practice note considers the scope and construction of these clauses and examines alternative forms of trustee protection. | Practice notes | Maintained |
| 29 | Pension trustee liability insurance This practice note considers the availability of liability insurance for the trustees of occupational pension schemes and examines issues including trustees' powers to buy insurance and how a typical policy might respond to claims in some common areas. | Practice notes | Maintained |
| 30 | Pensions Regulator: trustee reporting requirements This practice note considers the requirements on pension scheme trustees to report certain matters to the Pensions Regulator, including the obligation to "whistleblow" in some circumstances. These obligations were introduced by the Pensions Act 2004. This practice note considers trustee reporting requirements. For information on employers' reporting requirements, see Practice note, Pensions Regulator: employer reporting requirements. | Practice notes | Maintained |
| 31 | Suspending, prohibiting and disqualifying pension trustees This practice note considers the powers of the Pensions Regulator and the court to suspend or prohibit the trustees of occupational pension schemes. It also refers to the statutory restrictions that prevent certain individuals acting as pension trustees. | Practice notes | Maintained |
| 32 | Trustee record-keeping requirements This practice note considers the requirements on the trustees of an occupational pension scheme to keep records about the scheme and its members. | Practice notes | Maintained |