Virgin Media Limited v NTL Pension Trustees II Limited & Ors

Virgin Media Limited v NTL Pension Trustees II Limited & Ors

Section 37 of the Pension Schemes Act 1993 renders void any amendment to the rules of a contracted-out scheme relating to section 9(2B) rights if made without the actuarial confirmation required by Regulation 42(2)(b), and this applies to both past and future service rights and to all alterations, not just adverse ones.

Parties
Claimant: Virgin Media Limited; First Defendant: NTL Pension Trustees II Limited; Second Defendant: Ross Russell Limited; Third Defendant: John Jardine
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (pensions/trusts) / Judgment After Trial on Agreed Facts
Outcome
Declaratory judgment for the third defendant's position; amendments made without actuarial confirmation are void.
Legal Topics
Contracting Out of Pension Schemes, Section 37 Pension Schemes Act 1993, Regulation 42 Occupational Pension Schemes (contracting Out) Regulations 1996, Validity of Pension Scheme Amendments, Actuarial Confirmation Requirements
Pensions Law Trusts Law Statutory Interpretation Contracting Out of Pension Schemes Section 37 Pension Schemes Act 1993 Regulation 42 Occupational Pension Schemes (contracting Out) Regulations 1996 Validity of Pension Scheme Amendments Actuarial Confirmation Requirements

Case Brief

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Parties

Virgin Media Limited

Claimant

NTL Pension Trustees II Limited

First Defendant

Ross Russell Limited

Second Defendant

John Jardine

Third Defendant

Procedural Posture

Civil (pensions/trusts) / Judgment After Trial on Agreed Facts

Legal Issues

  1. 1 Does section 37 of the Pension Schemes Act 1993 render void amendments to a contracted-out scheme made without actuarial confirmation under Regulation 42?
  2. 2 Does 'section 9(2B) rights' in Regulation 42(2) include both past and future service rights?
  3. 3 Does voidness under section 37 apply only to adverse alterations or to all alterations?

Ratio Decidendi

Section 37 of the Pension Schemes Act 1993 renders void any amendment to the rules of a contracted-out scheme relating to section 9(2B) rights if made without the actuarial confirmation required by Regulation 42(2)(b), and this applies to both past and future service rights and to all alterations, not just adverse ones.

Court Disposition

Declaratory judgment for the third defendant's position; amendments made without actuarial confirmation are void.

Orders

  • It is declared that section 37 of the Pension Schemes Act 1993 rendered void any amendment to the rules of the Plan relating to section 9(2B) rights made without the actuarial confirmation required by Regulation 42(2)(b).
  • It is declared that 'section 9(2B) rights' as used in Regulation 42(2) includes both past service rights and future service rights.