G4S Plc v G4S Trusteees Ltd

G4S Plc v G4S Trusteees Ltd

Members whose accrual has ceased but who retain a final salary link are not in pensionable service because their post-closure service does not qualify them for further pension or other benefits; thus, the relevant sections are frozen schemes under the Employer Debt Regulations.

Parties
Claimant: G4S PLC; First Defendant: G4S Trustees Limited; Second Defendant: Sok Wah Lee
Jurisdiction
England and Wales
Judgment Date
12 June 2018
Procedural Posture
Part 8 Claim (pensions) / Judgment
Outcome
Claim allowed; declaration granted
Legal Topics
Employer Debt Regulations, Final Salary Link, Pensionable Service, Active Members, Frozen Schemes
Pensions Law Statutory Interpretation Employer Debt Regulations Final Salary Link Pensionable Service Active Members Frozen Schemes

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Parties

G4S PLC

Claimant

G4S Trustees Limited

First Defendant

Sok Wah Lee

Second Defendant

Procedural Posture

Part 8 Claim (pensions) / Judgment

Legal Issues

  1. 1 Whether sections of the G4S Pension Scheme closed to future accrual but retaining a final salary link are 'frozen' or 'open' for the purposes of the Employer Debt Regulations
  2. 2 Whether members with a final salary link but no further accrual are in 'pensionable service' and thus 'active members'

Ratio Decidendi

Members whose accrual has ceased but who retain a final salary link are not in pensionable service because their post-closure service does not qualify them for further pension or other benefits; thus, the relevant sections are frozen schemes under the Employer Debt Regulations.

Court Disposition

Claim allowed; declaration granted

Orders

  • Declaration that with effect from the Cessation Date, the Relevant Sections became frozen schemes for the purposes of the Employer Debt Regulations.