Corporate Insolvency: Pension Rights

Corporate Insolvency: Pension Rights cover

Corporate Insolvency: Pension Rights


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.

Table of Contents

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

Product details

Published 05 Jan 2017
Format Ebook (PDF)
Edition 1st
Extent 552
ISBN 9781784514730
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors


David Pollard

David Pollard is a leading and highly experienced…

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