Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd & Anor [2024] EWHC 48 (Ch) (23 January 2024)

Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd & Anor [2024] EWHC 48 (Ch) (23 January 2024)

The 1992 Deed validly established the money purchase section, with booklets annexed and signed as required. The conversion of final salary benefits to money purchase benefits for Under 40s and consenting 40-44s was lawful, provided transfer sums preserved accrued benefits per the proviso. The process complied with member consent requirements. No unlawful age discrimination occurred under the legislative framework, as the scheme rules did not conflict with the non-discrimination rule. The Trustee is directed to continue administering the scheme as historically done, subject to calculation of any arrears if benefits were underpaid.

Citation
[2024] EWHC 48 (Ch)
Parties
Claimant: Newell Trustees Limited; First Defendant: Newell Rubbermaid UK Services Limited; Second Defendant: Ian Lawrence Putland
Jurisdiction
England and Wales
Judgment Date
23 January 2024
Procedural Posture
Part 8 Claim (directions Re Pension Scheme) / Final Judgment After Trial
Outcome
Claim for directions granted; scheme amendments upheld; no unlawful age discrimination found.
Legal Topics
Pension Scheme Amendment, Age Discrimination, Power of Amendment, Consent of Members, Final Salary Vs Money Purchase Conversion
Pensions Trusts Employment Discrimination Pension Scheme Amendment Age Discrimination Power of Amendment Consent of Members +1 more

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Parties

Newell Trustees Limited

Claimant

Newell Rubbermaid UK Services Limited

First Defendant

Ian Lawrence Putland

Second Defendant

Procedural Posture

Part 8 Claim (directions Re Pension Scheme) / Final Judgment After Trial

Legal Issues

  1. 1 Validity of 1992 Deed establishing money purchase section
  2. 2 Effect of proviso to amendment power
  3. 3 Consent of members to transfer

Ratio Decidendi

The 1992 Deed validly established the money purchase section, with booklets annexed and signed as required. The conversion of final salary benefits to money purchase benefits for Under 40s and consenting 40-44s was lawful, provided transfer sums preserved accrued benefits per the proviso. The process complied with member consent requirements. No unlawful age discrimination occurred under the legislative framework, as the scheme rules did not conflict with the non-discrimination rule. The Trustee is directed to continue administering the scheme as historically done, subject to calculation of any arrears if benefits were underpaid.

Court Disposition

Claim for directions granted; scheme amendments upheld; no unlawful age discrimination found.

Orders

  • Trustee to continue administering scheme as historically done
  • Members' entitlements to be calculated per valid conversion and consent