The Law of Pension Trusts

Author: David Pollard
Publisher: Oxford University Press
ISBN: 9780199672486
Published In: November 2013
Format: Hardback , 576 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

The only detailed analysis of the interaction between trusts and pensions law
Provides practical analysis of problematic areas of pensions law such as trustees' obligations to employers, ranking of beneficiaries, and employers' implied duties
Written by a leading pensions practitioner

This work on the law of pension trusts comprehensively fills a gap in the provision of good commentary on pensions law, both from a practical and scholarly perspective. Responding to a paucity of up-to-date publications in this area, David Pollard provides the most detailed treatment available of trust law as it relates to occupational pension schemes.

The book provides answers to difficult problems in pensions law often not covered by statute, including trustees' obligations to employers, how spouses and dependents rank as beneficiaries and implied duties owed by employers. Pollard deals with the issues of most concern to practitioners in pensions law, including trustees' investment and amendment powers, and trustee investment duties. This practical guidance is supported and enhanced by incisive academic analysis.

Written by a leading pensions practitioner, this book is a must have for all practitioners and scholars in the field.

Readership: The primary market would be practitioners advising on pensions and trusts law including solicitors, barristers and in-house counsel. There would be a secondary market amongst scholars of trusts law and pension fund trustees and pension fund advisers (such as actuaries and financial advisers). Although mainly covering the law of England and Wales the book would also be of interest in other common law jurisdictions especially in offshore centres.

Introduction
Abbreviations
1: The Structure of Pensions Schemes
2: Pensions Trusts and General Trust Law
3: Pensions Trusts and Statute
4: Corporate Trustees
5: Liability of Directors of a Corporate Trustee
6: Conflict Issues for Pension Trustees
7: Regulator Trustee Powers
8: Spouses and Dependants
9: Trustees Powers- Proper Purpose
10: Trustees' Duties to Employers
11: Employer Powers- Non Fiduciary
12: Employer Powers to Appoint and Remove Trustees- Not a Fiduciary Power
13: Employer Powers: The Implied Duty of Trust and Confidence
14: Trustee Indemnities and Exonerations
15: Contract Overriding Trust: South West Trains
16: Saunders v Vautier and Pension Trusts
17: Amendment Powers
18: Disclosure Obligations: Schmidt v Rosewood
19: Employer Related Investments
20: Employers and Surpluses

David Pollard is a solicitor and a partner in the employment pensions and benefits department at Freshfields Bruckhaus Deringer LLP. Based in London, Pollard specialises in all aspects of pensions and employment advice. He is a leading practitioner in pensions law, having been chairman of the Association of Pension Lawyers (APL) from 2001 to 2003.

Pollard recently published 'Corporate Insolvency: Employment and Pension Rights' (2013), and was the co-editor of the books, 'Guide to the Pensions Act 1995' (Tolley, 1995) and 'Freshfields on Corporate Pensions Law' (2013). He has contributed chapters to looseleaf books on Employment Law, Insolvency Law and Pensions law, as well as co-editing the journal, Trust Law International.

In 1998 David was awarded the Wallace Medal by the Association of Pension Lawyers (APL) for excellence in communicating pensions issues. In addition to having been chairman of the Association of Pension Lawyers from 2001 to 2003, he has also been a vice chair of the Industrial Law Society (ILS).