Cripps v Trustee Solutions Ltd

Cripps v Trustee Solutions Ltd

Section 73(3)(b) of the Pensions Act 1995 should be construed as limited to pension and other benefits in payment or payment of which a member has a right to demand, but not extending to benefits accrued outside the Barber window when the member has not yet reached the NRD under the Rules. Modifications to the scheme rules and priorities should only go as far as necessary to comply with European law.

Parties
Appellant: Julia Cripps; 1st Respondent: Trustee Solutions Ltd; 2nd Respondent: Stephen Patrick Comar; 3rd Respondent: Keith James Edwards; 4th Respondent: Leslie Dubery
Jurisdiction
England and Wales
Judgment Date
26 July 2007
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Order of Priority in Winding Up Occupational Pension Schemes, Interpretation of S 73 Pensions Act 1995, Effect of Barber and Coloroll ECJ Decisions, Normal Retirement Date (nrd), Application of European Equal Pay Law to Pensions
Pensions Law Statutory Interpretation European Law Order of Priority in Winding Up Occupational Pension Schemes Interpretation of S 73 Pensions Act 1995 Effect of Barber and Coloroll ECJ Decisions Normal Retirement Date (nrd) Application of European Equal Pay Law to Pensions

Case Brief

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Parties

Julia Cripps

Appellant

Trustee Solutions Ltd

1st Respondent

Stephen Patrick Comar

2nd Respondent

Keith James Edwards

3rd Respondent

Leslie Dubery

4th Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 How s 73(3)(b) of the Pensions Act 1995 applies to members with accrued Barber window benefits who have reached age 60 at winding up
  2. 2 Whether entitlement to payment under s 73(3)(b) includes only pensions in payment, or also those where the member can demand payment
  3. 3 Whether the statutory priorities should extend to all benefits or only those accrued in the Barber window

Ratio Decidendi

Section 73(3)(b) of the Pensions Act 1995 should be construed as limited to pension and other benefits in payment or payment of which a member has a right to demand, but not extending to benefits accrued outside the Barber window when the member has not yet reached the NRD under the Rules. Modifications to the scheme rules and priorities should only go as far as necessary to comply with European law.

Court Disposition

Appeal allowed

Orders

  • Declaration substituted: Members who had the right to retire at age 60 in respect of any part of their service and who were aged between 60 and 64 at the date the Scheme commenced winding up fell within s73(3)(b) but not in respect of pension or other benefits accrued by service to which an NRD at age 65 applied.