Konica Minolta Business Solutions (UK) v Applegate & Ors [2012] EWHC 3741 (Ch) (21 December 2012)

Konica Minolta Business Solutions (UK) v Applegate & Ors [2012] EWHC 3741 (Ch) (21 December 2012)

Rectification of Rule 12.3(a) would cause the Scheme to contravene section 74 of the Pension Schemes Act 1993, as the computation of short service benefit for deferred Category B Members would not be on the same basis as long service benefit. The 'Basis (a) underpin' is necessary to ensure compliance with statutory preservation requirements. The court has power to order rectification only on terms that preserve statutory compliance.

Citation
[2012] EWHC 3741 (Ch)
Parties
Claimant: Konica Minolta Business Solutions (UK) Limited; Defendant: Merrilina Lucy Applegate; Defendant: Phillip Lloyd John; Defendant: Peter Raymond Holton; Defendant: Peter Margrave; Defendant: Eric Green; Defendant: Diana Ruth Brummell; Defendant: Amarnath Anthony Mistry; Defendant (representative Beneficiary): Randal Hughes
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Chancery Division Civil Claim / Judgment on Preliminary Issues
Outcome
Rectification as sought by Konica refused; Scheme must retain Rule 12.3(a) underpin for compliance.
Legal Topics
Rectification of Pension Scheme Rules, Statutory Preservation Requirements, Computation of Short Service Benefit, Compliance With Pension Schemes Act 1993
Pensions Trusts Employment Rectification of Pension Scheme Rules Statutory Preservation Requirements Computation of Short Service Benefit Compliance With Pension Schemes Act 1993

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Parties

Konica Minolta Business Solutions (UK) Limited

Claimant

Merrilina Lucy Applegate

Defendant

Phillip Lloyd John

Defendant

Peter Raymond Holton

Defendant

Peter Margrave

Defendant

Eric Green

Defendant

Diana Ruth Brummell

Defendant

Amarnath Anthony Mistry

Defendant

Randal Hughes

Defendant (representative Beneficiary)

Procedural Posture

Chancery Division Civil Claim / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether rectification of Rule 12.3 of the 2006 Deed and Rules would cause the Scheme to contravene section 74 of the Pension Schemes Act 1993
  2. 2 Whether the Scheme must retain the 'Basis (a) underpin' to comply with statutory preservation requirements
  3. 3 Whether the previous rules (KPL 1982 Deed and Rules) contravened section 74

Ratio Decidendi

Rectification of Rule 12.3(a) would cause the Scheme to contravene section 74 of the Pension Schemes Act 1993, as the computation of short service benefit for deferred Category B Members would not be on the same basis as long service benefit. The 'Basis (a) underpin' is necessary to ensure compliance with statutory preservation requirements. The court has power to order rectification only on terms that preserve statutory compliance.

Court Disposition

Rectification as sought by Konica refused; Scheme must retain Rule 12.3(a) underpin for compliance.

Orders

  • Mr Hughes confirmed as representative defendant for deferred Category B Members.
  • Court declares that removal of Rule 12.3(a) would breach section 74 Pension Schemes Act 1993.