Entrust Pension Ltd v Prospect Hospice Ltd

Entrust Pension Ltd v Prospect Hospice Ltd

On the balance of probabilities, the Previous Trustee validly exercised its discretion to award deferred pensions based on target benefits to members who left service up to and including 31 March 2003, with a change in policy thereafter to an 'underpin' approach, and the cut-off date for entitlement is the date of leaving service.

Parties
Claimant: Entrust Pension Limited; 1st Defendant: Prospect Hospice Limited; 2nd Defendant: Yvonne Hunter
Jurisdiction
England and Wales
Judgment Date
17 December 2012
Procedural Posture
Civil / Judgment After Trial of Factual Issues Following Prior Judgment on Construction
Outcome
Declaration granted
Legal Topics
Exercise of Trustee Discretion, Deferred Pension Entitlement, Scheme Rules Interpretation, Presumption of Regularity, Implied Exercise of Powers
Trusts Pensions Equity Exercise of Trustee Discretion Deferred Pension Entitlement Scheme Rules Interpretation Presumption of Regularity Implied Exercise of Powers

Case Brief

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Parties

Entrust Pension Limited

Claimant

Prospect Hospice Limited

1st Defendant

Yvonne Hunter

2nd Defendant

Procedural Posture

Civil / Judgment After Trial of Factual Issues Following Prior Judgment on Construction

Legal Issues

  1. 1 Whether the Previous Trustee validly exercised its discretion to award deferred pensions based on target benefits to members who left service during the currency of the 1976 Rules
  2. 2 Whether the Previous Trustee's practice changed in the late 1990s or early 2000s to postpone the grant of pension until retirement
  3. 3 What is the appropriate cut-off date for the change in policy

Ratio Decidendi

On the balance of probabilities, the Previous Trustee validly exercised its discretion to award deferred pensions based on target benefits to members who left service up to and including 31 March 2003, with a change in policy thereafter to an 'underpin' approach, and the cut-off date for entitlement is the date of leaving service.

Court Disposition

Declaration granted

Orders

  • Declaration that members who left service up to and including 31 March 2003 are entitled to deferred pensions based on target benefits, subject to specified exceptions for anomalous cases.
  • Entrust to revisit files of anomalous cases for further evidence.