Allied Domecq (Holdings) Ltd v Allied Domecq First Pension Trust Ltd & Ors

Allied Domecq (Holdings) Ltd v Allied Domecq First Pension Trust Ltd & Ors

The court held that under the scheme rules, specifically rule 18.7.5, the actuary determines the collective rates of employer contributions without the need for employer agreement, and thus the statutory provisions in regulations 5(3)(b), 8(2)(e), and paragraph 9(5) of schedule 2 to the 2005 Regulations apply to both schemes.

Parties
Claimant: Allied Domecq (Holdings) Limited; Defendant: Allied Domecq First Pension Trust Limited; Defendant: Allied Domecq Second Pension Trust Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2007
Procedural Posture
Civil (pensions/trusts) / Judgment on Construction of Statutory Provisions and Scheme Rules
Outcome
Declaration granted in favour of the defendants (trustees) that all three statutory provisions apply to the schemes.
Legal Topics
Occupational Pension Schemes, Scheme Funding, Employer Contributions, Actuarial Certification, Application of Statutory Regulations
Pensions Law Trust Law Statutory Interpretation Occupational Pension Schemes Scheme Funding Employer Contributions Actuarial Certification Application of Statutory Regulations

Case Brief

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Parties

Allied Domecq (Holdings) Limited

Claimant

Allied Domecq First Pension Trust Limited

Defendant

Allied Domecq Second Pension Trust Limited

Defendant

Procedural Posture

Civil (pensions/trusts) / Judgment on Construction of Statutory Provisions and Scheme Rules

Legal Issues

  1. 1 Whether the provisions of regulations 5(3)(b) and 8(2)(e) and paragraph 9(5) of schedule 2 to the Occupational Pension Schemes (Scheme Funding) Regulations 2005 apply to the two pension schemes in question
  2. 2 Whether the actuary determines the rates of employer contributions without employer agreement under the scheme rules

Ratio Decidendi

The court held that under the scheme rules, specifically rule 18.7.5, the actuary determines the collective rates of employer contributions without the need for employer agreement, and thus the statutory provisions in regulations 5(3)(b), 8(2)(e), and paragraph 9(5) of schedule 2 to the 2005 Regulations apply to both schemes.

Court Disposition

Declaration granted in favour of the defendants (trustees) that all three statutory provisions apply to the schemes.

Orders

  • It is declared that regulations 5(3)(b), 8(2)(e), and paragraph 9(5) of schedule 2 to the Occupational Pension Schemes (Scheme Funding) Regulations 2005 apply to the Main Scheme and the Executive Scheme.