British Vita UnLtd v British Vita Pension Fund Trustees Ltd & Anor

British Vita UnLtd v British Vita Pension Fund Trustees Ltd & Anor

There is no conflict between the scheme's contribution rules and Part 3 of the Pensions Act 2004 and the Scheme Funding Regulations prior to the coming into force of a schedule of contributions; therefore, the trustees' demands under the scheme rules were not invalidated by the statutory regime. The scheme rules do not require a mandatory pro rata apportionment of liabilities among participating employers.

Parties
Claimant: British Vita Unlimited; Defendant: British Vita Pension Fund Trustees Limited; Defendant: British Vita SE & D Pension Fund Trustees Limited
Jurisdiction
England and Wales
Judgment Date
27 April 2007
Procedural Posture
Civil (pensions/trusts) / Judgment on Part 8 Claim
Outcome
Claim dismissed; declaratory relief refused.
Legal Topics
Scheme Funding, Statutory Override, Trustee Powers, Employer Contributions, Interpretation of Pension Scheme Rules
Pensions Law Trust Law Scheme Funding Statutory Override Trustee Powers Employer Contributions Interpretation of Pension Scheme Rules

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Parties

British Vita Unlimited

Claimant

British Vita Pension Fund Trustees Limited

Defendant

British Vita SE & D Pension Fund Trustees Limited

Defendant

Procedural Posture

Civil (pensions/trusts) / Judgment on Part 8 Claim

Legal Issues

  1. 1 Whether the new scheme specific funding regime under Part 3 Pensions Act 2004 and associated regulations override or restrict the trustees' powers under the scheme's contribution rules to demand contributions from the employer.
  2. 2 Whether the trustees validly exercised their powers under the scheme rules in making the contribution demands and apportioning liability solely to the principal employer.

Ratio Decidendi

There is no conflict between the scheme's contribution rules and Part 3 of the Pensions Act 2004 and the Scheme Funding Regulations prior to the coming into force of a schedule of contributions; therefore, the trustees' demands under the scheme rules were not invalidated by the statutory regime. The scheme rules do not require a mandatory pro rata apportionment of liabilities among participating employers.

Court Disposition

Claim dismissed; declaratory relief refused.