Alexander Forbes Trustee Services Ltd v Clarke & Ors

Alexander Forbes Trustee Services Ltd v Clarke & Ors

Members over 50 who, at the winding up date, could require payment of an early pension by taking steps wholly within their own power (such as making a request or leaving service) are to be treated as having 'entitlement to payment' under section 73(3)(b) of the Pensions Act 1995, even if they had not exercised those rights at the relevant date.

Parties
Claimant: Alexander Forbes Trustee Services Ltd; First Defendant: Geoffrey Alan Clarke; Second Defendant: John Morgan Lewis; Third Defendant: Robert Frederick Unwin
Jurisdiction
England and Wales
Judgment Date
05 February 2008
Procedural Posture
Civil (pensions Trusts) / Judgment After Trial of Preliminary Issues
Outcome
Declaratory judgment (directions given)
Legal Topics
Order of Priority on Winding Up of Pension Scheme, Interpretation of Section 73 Pensions Act 1995, Entitlement to Payment of Pension, Early Retirement Rights, Scheme Rules and Statutory Priorities
Trusts Pensions Law Order of Priority on Winding Up of Pension Scheme Interpretation of Section 73 Pensions Act 1995 Entitlement to Payment of Pension Early Retirement Rights Scheme Rules and Statutory Priorities

Case Brief

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Parties

Alexander Forbes Trustee Services Ltd

Claimant

Geoffrey Alan Clarke

First Defendant

John Morgan Lewis

Second Defendant

Robert Frederick Unwin

Third Defendant

Procedural Posture

Civil (pensions Trusts) / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether members over 50 with deferred pensions who had not exercised their right to early retirement are entitled to priority under section 73(3)(b) of the Pensions Act 1995
  2. 2 Whether members over 50 still in service at winding up but with the right to retire early are entitled to priority under section 73(3)(b)
  3. 3 Whether the ability to unilaterally trigger pension payment constitutes 'entitlement to payment' under the Act

Ratio Decidendi

Members over 50 who, at the winding up date, could require payment of an early pension by taking steps wholly within their own power (such as making a request or leaving service) are to be treated as having 'entitlement to payment' under section 73(3)(b) of the Pensions Act 1995, even if they had not exercised those rights at the relevant date.

Court Disposition

Declaratory judgment (directions given)

Orders

  • It is declared that both Mr Lewis and Mr Unwin, and the members of the classes whom they represent, are persons whose entitlement to payment of pension had arisen within the meaning of section 73(3)(b) on 23 May 2000.