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Pensions: Law, Policy and Practice

Edited by: Sinéad Agnew, Paul S. Davies, Charles Mitchell

ISBN13: 9781509922703
Published: August 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition not yet published, ISBN13 9781509943487



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State pensions are the largest item in the UK social security budget, estimated to cost £91.6 billion in 2016/17, with 12.9 million recipients paid an average of £7,100 each. Enormous wealth is also managed by the trustees of occupational pension schemes on behalf of members to whom distributions are eventually made as a form of deferred remuneration for their work; in 2015, 33.5 million people were members of such schemes in the UK. In legal practice, social security law and pensions law are areas that have become increasingly specialised, with many solicitors and barristers making these their exclusive practice areas. Despite their social significance, and their importance in legal practice, pensions have not been the subject of rigorous and sustained attention by legal academics. This book fills this gap.

Subjects:
Pensions Law
Contents:
1. Trusts as Pension Pots: A Legal-Historical Perspective, c 1800–1925
Sinéad Agnew
2. UK Collective Defined Contribution: Is it 'Dutch-Style' Collective Defined Contribution?
Sandeep Maudgil and Hans Van Meerten
3. The Employer Covenant: Status in Law and Operation in Practice
Paul Brice
4. Interpretation of Pension Trusts: Applying the General Rules?
David Pollard
5. Rectification and Pensions
Paul S. Davies
6. The Pension Fund as a 'Virtual' Institution
M Scott Donald
7. Legal Consequences of the Flawed Exercise of Scheme Powers
Jessica Hudson and Charles Mitchell
8. Expertise in Pension Trusteeship
Deborah Mabbett
9. Pension Scheme Decision-Making Influencers
Charles Cameron
10. The Social Role of Occupational Pension Schemes
James Kolaczkowski
11. Public Law Perspectives on the IBM Case
Philip Sales
12. Pensions Law, IBM v Dalgleish and the Public/Private Divide
Alan Bogg and Mark Freedland
13. The Improper Purpose Rule: An Employer's Tool to Control Pension Trustees in Need of Reappraisal
Dan Schaffer
14. Pensions and the Modern Workforce
Alysia Blackham
15. The Courts, Non-Discrimination and Systemic Change in UK Public Sector Pension Schemes
Lydia Seymour
16. Cutting Pension Rights for Public Workers in the United States: Don't Look to the Courts for Help
Ronald H Rosenberg
17. Till Pensions Do Us Part: The Pension Advisory Group and the Search for Consensus on Divorce
Hilary Woodward and Rhys Taylor
18. 'Pension Freedoms', Social Care and Inheritance
Brian Sloan