Corporate Insolvency: Pension Rights

Erscheinungsjahr 2016
ISBN: 978-1-78451-471-6
Verlag: Bloomsbury

Buch, Englisch, 800 Seiten, Hardback, Format (B × H): 156 mm x 248 mm

Corporate Insolvency: Pension Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of pensions law and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.

Providing in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Pension Rights focuses on the application of the rules relating to corporate insolvency and how they impact on pensions. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise.

Coverage includes: the Supreme Court decision in Nortel and its impact on recovery under TPR's moral hazard powers; limits on the amount of contribution notices: Re Storm Funding; issues on s75 debts: MNRPF v Stena; cases on TPR's moral hazard powers; and surpluses on winding up: UC Rusal Alumina v Miller.

Why you should read this book
If you work as a pensions practitioner, corporate insolvency practitioner or accountant, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Pension Rights an essential aid to your work.

Autoren/Hrsg.

Pollard, David

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Part 1: Introduction and Brexit

1. Introduction and Brexit

Part 2: Pensions Law Structure

2. Occupational Pension Schemes

3. Pension Consultation - PA 2004

Part 3: Insolvency Law: Overview

4. Insolvency Proceedings and Recovery of Pre-insolvency Transfers

5. Insolvency: Moratorium on Legal Proceedings and Process

Part 4: Claims in Relation to Pensions

6. Pension Contributions as a Preferential Debt

7. EC Employment Insolvency Directive

8. National Insurance Fund

Part 5: Continued Employment: Pension Claims

9. Carrying on Business: Impact on Pension Claims

10. Pension Claims - Provable Debts/Insolvency Expense/Adopted Contract/Black Hole?

11. Pensions: Auto-enrolment Duties

12. Carrying on Business - Adopted Employment Contracts

Part 6: Business Transfers, TUPE and Pensions

13. TUPE: Pension Liabilities

Part 7: Impact of Employer Insolvency on Pensions

14. Pensions and Other Trusts

15. Insolvency Event - PPF and Section 75

Part 8: Pension Protection Fund (PPF)

16. PPF: Pension Protection Fund: Overview

17. PPF: Notice Obligations on IPs

18. PPF: Assessment Period

19. TPR/PPF: Notifications and Power to Gather Information

20. Independent Trustee Obligations

Part 9: Section 75 and Debt on Employer

21. Excluded Schemes: Scope of the Main Pensions Legislation

22. Who is an Employer under the Pensions Legislation?

23. Legal Structure on Funding of Pension Schemes

24. Section 75: Debt on Employer

25. Section 75: Amount of the Debt

26. Section 75 Debt: Flowchart

27. Section 75: Allocation Arrangements and Withdrawal Arrangements under the Employer Debt Regulations

28. Section 75 Compromises

29. Multi-employer Schemes: PPF and Section 75

Part 10: Pensions Regulator and its Moral Hazard Powers

30. TPR: Moral Hazard Powers

31. Moral Hazard and Restructuring

32. TPR's Practice on Moral Hazard Powers

33. Who is 'Connected' or 'Associated'?

34. Money Purchase Schemes

Part 11: Winding up Pension Schemes

35. Winding up the Pension Scheme

36. Winding-up the Scheme: Surpluses

Part 12: Overseas Issues

37. Overseas Employees and Insolvencies

Über Autor(innen)

Pollard, David
David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.

David Pollard is a solicitor and a consultant with Freshfields Bruckhaus Deringer LLP. A former Chair of the Association of Pension Lawyers (APL), he was for 25 years a partner in Freshfields specialising in pensions, employment and insolvency law. He advised companies on issues ranging from the setting up and funding of pension schemes to the impact of corporate insolvencies and transactions. He also acted for trustees, advising them generally, including on restructurings, funding, company proposals, disputes, and queries from pension scheme members. He has twice (1998 and 2015) been awarded the Wallace Medal by the APL for excellence in communicating pension issues.