IDS Pensions Law Reports Annual Index 2004
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Armitage v Staveley Industries PLC
High Court, Chancery Division
Revenue limits - augmentation

In re The Universities Superannuation Scheme
High Court of Justice, Chancery Division
Exercise of trustee's discretion not in accordance with preservation requirements under Pension Schemes Act 1993

Lonsdale v Braisby (Her Majesty’s Inspector of Taxes)
High Court, Chancery Division
Retirement annuity contracts - personal pensions - carry-forward relief - transitional provisions for holders of retirement annuity contracts and personal pensions

Powerhouse Retail Ltd & ors v Burroughs & ors
Court of Appeal, Civil Division
Transfer of undertakings - occupational pensions - contract of employment - part-time workers - time limits - equal pay

R ex parte Smith v Secretary of State for Defence & anor
High Court, QBD
Pension-sharing on divorce - human rights - sex discrimination - right to peaceful enjoyment of possessions - right to respect for private life - discriminatory effect of Pension Schemes Act 1993

AON Trust Corp Ltd v KPMG & ors
High Court, ChD
Whether a scheme's rules include power to reduce pensions in payment - if so, whether exercise of the power is 'modification' under s.67 Pensions Act 1995 - whether scheme is money purchase scheme

In re T&N Ltd & ors
High Court, Chancery Division
Notice of withdrawal of participation to trustees of retirement benefit scheme - Insolvency Act 1986 - Pensions Act 1995 - containment of liabilities - interests of trustees - obligations on employers/administrators - Pensions Bill

Secretary of State for Education and Skills & anor v Farley & anor
High Court, Chancery Division
Failure to pay interest on amount of unclaimed pension to estate on member's death - failure to advise member of right to claim pension - failure to trace member who had not claimed pension

Antigua Public Utilities Authority v Edwards
Judicial Committee of the Privy Council
Contractual entitlement to receive a pension - failure to establish pension scheme

Mathews & 0rs v Kent and Medway Towns Fire Authority
Court of Appeal
Retained firefighter - part-time workers - meaning of Reg 2(3)(f) - any other description of work that it is reasonable for employer to treat differently - engage in 'same or broadly similar work'

The Queen on the application of Amicus & ors v Secretary of State for Trade & Industry & ors
High Court, Queen's Bench Division
Validity of certain provisions of Employment Equality (Sexual Orientation) Regulations 2003 - consideration of S.2(2) European Communities Act 1972 - consideration of EC Council Directive No.2000/78 establishing a general framework for equal treatment in employment and occupation so far as it relates to discrimination on ground of sexual orientation

Suffolk County Council v Wallis
High Court, Chancery Division
Pensions Ombudsman - maladministration - reliance on medical evidence - admission of fresh evidence - consequence

Spreadborough v Wandsworth London Borough Council and the Pensions Ombudsman
High Court
Ill-health early retirement - payment of pension benefits - local government pension scheme - dates on which payment should be made

In the matter of Malcolm
High Court of Justice, Chancery Division
Section 226 contracts - bankruptcy - comparison with occupational provision - human rights

Allonby v Accrington & Rossendale College & Ors
European Court of Justice
Sex discrimination - part-time lecturer - re-engagement via services company - justifiability - discrimination against contract workers - self-employment and its effect - Pensions Act 1995, S.62

KB v National Health Service Pensions Agency & anor
European Court of Justice
Equal treatment for men and women - transsexual partner not entitled to survivor's pension payable solely to surviving spouse - sex discrimination

Legal & General Assurance Society v CCA Stationery Ltd
High Court
Meaning of administration - pensions ombudsman making order not available to a court

Matthews & ors v Kent and Medway Towns Fire Authority & ors
Employment Appeal Tribunal
Part-time workers - whether retained (part-time) firefighters employed under the same type of contract as full-time firefighters - broadly similar work - objectively justified reasons for different treatment

Pitmans Trustees Ltd & ors v Telecommunications Group Plc
High Court of Justice (Chancery Division)
Debt on employer - whether distinction between final salary element and defined contribution element of plan in calculating same - whether plan single scheme - whether provisions of Pensions Act 1995, S.75(1B), to be applied in accordance with the Occupational Pension Schemes (Deficiency on Winding-up etc) Regulations 1996, required two elements to be treated as separate schemes - adoption of gilt-matching policy - conditions of consultation - meaning of 'applicable time' in Pensions Act 1995, S.75

TXU Europe Group Plc (In Administration)
High Court
Whether money set aside separately by company to pay for executive benefits held on trust - whether equitable charge arose in favour of members

Secretary of State for Defence v Cheryl Ann Hulme
Pension death benefit - attribution to service - affective certificate by DSS as to cause of death (i.e. attributable to service) - powers of Discretionary Awards Panel

Margarete Unterpertinger v Pensionsversicherungsanstalt Der Arbeiter
Workers’ pension insurance institution - matters arising following refusal to pay disability pension - whether VAT payable in respect of the services of medical expert appointed by the referring Court

Preston & ors v Wolverhampton Healthcare NHS Trust & ors (Preston v Wolverhampton No. 3)
Part-timer claims - test cases - date of time running in TUPE transfer - meaning of stable employment relationship - impact of Equal Pay Act 1970 where scheme membership compulsory for full-time staff but part-time staff excluded - effect of compulsion as opposed to voluntary membership of scheme - effect of failing to inform staff of removal of barrier to scheme membership

Rutherford & Bentley v Harvest Town Circle Ltd (in liquidation)
Employment Rights Act 1996 - prohibition on applications to Employment Tribunals by men and women over the age of 65 - effect of European Law - Article 141 of the Treaty of Rome - indirect discrimination

Schonheit v Stadt Frankfurt Am Main
Article 119 (141) EC Treaty - calculation of retirement pension for part-time workers - indirect discrimination based on sex

Venables v Hornby
Meaning of ‘retirement’ for the purposes of the Income Corporation Taxes Act 1988 - effect of Revenue practice on the construction of pension schemes - change of employment status - approach to be adopted

Wall v British Compressed Air Society
Individual with unique employment - normal retirement age - meaning of ‘position’

 

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