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Trustee advice for Court of Justice of the European Union ruling

FOI reference - FOI-4345
Date - 6 December 2019

Request

  1. What advice are The Pensions Regulator (TPR) giving to the Independent Trustees appointed, by yourselves, to Trustees of schemes in Pension Protection Fund (PPF) assessment, as to how they should implement the judgement of the Court of Justice of the European Union (CJEU) ruling in Hampshire vs the PPF?...

  2. If there has been no advice given by TPR, as a State body where Direct Effect applies, what are your plans to ensure advice is given and what advice is that likely to be?

Response

Information we are able to supply.

  1. What advice are TPR giving to the Independent Trustees appointed, by yourselves, to Trustees of schemes in PPF assessment, as to how they should implement the judgement of the CJEU ruling in Hampshire vs the PPF?...

    Any Trustee whether appointed by TPR or not has a legal duty to have trustee knowledge and understanding, see sections 247 to 249 Pensions Act 2004, this includes knowledge of pensions law. It would be up to the trustee to acquire understanding of any relevant legislation and cases and, where necessary, take legal advice. TPR does not as a matter of course issue legal advice to trustees it appoints (other than the free basic legal training or guidance issued to all trustees and available on our website).

    This being said considering the potential impact upon the PPF of the Hampshire and more recent Bauer decisions. it may well be that the PPF will be issuing statements and guidance in due course.

  2. If there has been no advice given by TPR, as a State body where Direct Effect applies, what are your plans to ensure advice is given and what advice is that likely to be?

    TPR would expect an Independent Trustee appointed to be aware of the Hampshire and more recent Bauer decisions.