Pensions & Incentives Lawyers

Employers are required by law in the UK to offer a workplace pension scheme and employers and employees are required to contribute to the pension scheme, unless the individual specifically opts-out. Employers need to be careful to include all ‘eligible’ workers in the pension scheme benefit.

Funding and investment advice is important, so that the pension scheme funds are appropriately secured and invested to enable the funds to provide all members’ pensions into the future. There are many additional legal and commercial issues involved with running defined benefit pension schemes such as benefit structure, actuarial valuations, employer funding contributions covenant and security, member claims, scheme documentation and Regulatory compliance.

Potentially yes, as employees have certain protected pension rights where they are transferred from one employer to another under TUPE. The rights vary depending on the circumstances and whether the transfer is connected with public sector services.

Pension disputes are common and there are several ways of resolving them, from the pension scheme’s own procedures through to the Pensions Ombudsman and the tribunals and courts. Advice is often needed regarding the detail of the pension complaint, it’s value and the most appropriate forum for complaining.

Yes, after being auto-enrolled, you have a period in which you can opt-out and get a refund of any contributions. However, doing so means you’ll lose out on the employer contribution.