Pensions: Law, Policy and Practice

Social Security & Welfare Law

Pensions: Law, Policy and Practice

Edited by Sinéad Agnew · Paul S. Davies · Charles Mitchell
Hart Publishing February 2022

Specifications

ISBN-13
9781509943487
Publisher
Hart Publishing
Publication
February 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of 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
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