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    New and Recently Amended documents

    This document summarises details of materials:
    • recently added to Perspective; and
    • currently on Perspective which have changed significantly (indicated by italics);
    Parliamentary answers and questions are not included in the list. Minor changes to documents are also excluded.

    New and Recently Amended Documents

    7 December 2018
    6 December 2018
    5 December 2018
    4 December 2018
    3 December 2018
    30 November 2018
    29 November 2018
    28 November 2018
    27 November 2018
    26 November 2018
    23 November 2018
    22 November 2018
    21 November 2018
    • 2018 FTT (Tax): Bella Figura v HMRC [Investments - Loans - Tax - Small self-administered scheme (SASS) - Whether plan approved by authoritiesUnauthorised payments - Scheme sanction charge]
    • 2018 QB: R (on the application of Elmes) v Essex County Council [Judicial review - Local Government Pension Scheme - Survivor's pension - Absence of nomination letter - Whether benefit payable - Whether rules in breach of Human Rights Act]
    20 November 2018
    19 November 2018
    • 2018 FTT (Tax): Gordon v HMRC [Taxation - Unauthorised payments charges - Unauthorised payments surcharges - Qualifying recognised overseas pension schemes (QROPS) - Whether transfer from registered scheme to unregistered scheme gave rise to assessments]
    16 November 2018
    14 November 2018
    13 November 2018
    • 2018 UT: Burns v Financial Conduct Authority [Advice - Transfers from workplace pension schemes - Transfers to self-invested personal pension plans - Whether advice was suitable - Regulatory fines - Regulatory disbarment - Whether penalties were reasonable]
    8 November 2018
    • Finance (No 3) Bill 2017/19 [Bill 282] (1 November 2018) Bill as introduced
    • Department for Work and Pensions: Collective Defined Contribution Pension Schemes  – Delivering Collective Defined Contribution Pension Schemes
    • 2018 SC: Barnardo's v Buckinghamshire and Others [Retail Prices Index - Consumer Prices Index - Indexation of benefits - Substitution of index - Whether trustees empowered to change index by which benefits were calculated]
    • 2018 FTT (Tax): Crossfield v HMRC [Taxation - Small schemes - Loans from scheme to plan sponsor - Investments - Whether loans were in breach of HMRC requirements - Unauthorised payments]
    • 2018 ECJ: O'Brien v Ministry of Justice [Reference for a preliminary ruling - Social policy - Directive 97/81/EC - Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Clause 4 - Principle of non-discrimination - Part-time workers - Retirement pension - Calculation of the amount of the pension - Account taken of years of service completed before expiry of the period for transposition of Directive 97/81/EC - Immediate application to the future effects of a situation which arose under the old law]
    • 2018 Ch: Stewart v NHS Business Services Authority [Benefits - Injury allowance - Whether illness contracted whilst on professional conference arose as a consequence of his employment]
    7 November 2018
    6 November 2018
    5 November 2018
    2 November 2018
    1 November 2018
    31 October 2018
    30 October 2018
    29 October 2018
    26 October 2018
    25 October 2018
    24 October 2018
    23 October 2018
    19 October 2018
    • Pension Protection Fund: Levy Determinations - 2019/20 (Draft) 2019/20  – SWOSS Appendix
    • Pension Protection Fund: Levy Determinations - 2019/20 (Draft) 2019/20  – Commercial Consolidator Appendix
    • Pension Protection Fund: Levy Determinations - 2019/20 (Draft) 2019/20  – Transfers Appendix
    • Pension Protection Fund: Levy Determinations - 2019/20 (Draft) 2019/20  – ABC Appendix
    18 October 2018
    16 October 2018
    15 October 2018
    12 October 2018
    11 October 2018
    4 October 2018
    3 October 2018
    2 October 2018
    28 September 2018
    27 September 2018
    • HM Revenue & Customs: Newsletters (Pension Schemes Newsletters) September 2018  – Pension Schemes Newsletter 103 [psn103]
    • 2015 FTT (Tax): J&A Young (Leicester) v HMRC [Taxation - Scheme sanction charges - Investment - Property investment - Residential property investment - Whether investment property taxable - Small self-administered scheme (SASS) - Investment regulated pension scheme]
    26 September 2018
    24 September 2018
    21 September 2018
    20 September 2018
    19 September 2018
    18 September 2018
    17 September 2018
    14 September 2018
    13 September 2018
    7 September 2018
    6 September 2018
    5 September 2018
    4 September 2018
    • 2018 Ch: G4S Trustees v G4S [Benefits - Funding - Scheme closure - Liabilities - Multi-employer scheme - Scheme closed to new members - Pensionable service - s75 liabilities - Whether the existence of the final salary link meant that the employed deferred members were or were not in 'pensionable service' as statutorily defined - Procedure - Part 8 application]
    3 September 2018
    31 August 2018
    30 August 2018
    29 August 2018
    24 August 2018
    23 August 2018
    • PO-12763  – Mr N [PO-12763] Determinations from July 2018 can be found under "The Pensions Ombudsman" in the Table of Documents
    • 2018 Can: Talos v Grand Erie District School Board [Benefits -Membership of plans - Statutory limitation on membership - Whether discrimination - Whether legislation was constitutional]
    21 August 2018
    • 2018 USA: Ariana M v Humana Health Plan of Texas [Medical benefits - Health plan - Eating disorder - Discretion - Exercise of discretion - Delegation of discretion to administrator - Whether delegation of discretion is valid]
    • 2018 USA: Divane v Northwestern University [Defined contribution plans - Investments - United States - Whether invested in prohibited transactions - Whether sponsor is a fiduciary - Fiduciary duties]
    • 2017 Aus: LLUN and XUGV v Commissioner of Taxation [Tax - Australia - Rights under a foreign pension fund - Whether taxable - Samoa - Whether Samoan pension fund a genuine pension fund]
    20 August 2018
    17 August 2018
    16 August 2018
    15 August 2018
    10 August 2018
    • 2018 FTT (Tax): Bayonet Ventures v HMRC [Investments - Self-administered pension scheme - Loans - Limited liability partnership - Whether a loan was an authorised investment - Taxation - Scheme sanction charge - Scheme administrator]
    • 2017 Aus: Mao v AMP Superannuation [Mental incapacity - Legal incapacity - Pensions provider - Whether appropriate to appoint manager for pension benefits only]
    9 August 2018
    • House of Commons: Savings (General)  – Household Finances: Income, Saving and Debt: Nineteenth Report of Session 2017-19
    • 2018 CA: British Airways v Airways Pension Scheme Trustee [Benefits - Inflation protection - Index used - Change of index from retail prices index to consumer prices index - Trustee discretion to augment benefits - Extent of use of discretion - Whether trustees had right to use discretion to reverse impact of change of index - Whether the trustees had validly exercised the power of amendment contained the trust deed when they conferred on themselves a power to review and at their discretion increase the annual rate of pension payable under the scheme beyond what would otherwise be permitted under the rules]
    • 2018 USA: McGlynn v State of California [Benefits - Judges - Constitutional law - Reduction of benefits for incoming judges - Whether reduction applies at time when elected or when took office]
    8 August 2018
    • PO-4066  – Mr W [PO-4066] Determinations from June 2018 can be found under "The Pensions Ombudsman" in the Table of Documents
    • 2018 USA: Haley v Teachers Insurance and Annuity Association of America [Investments - Loans to members - Fiduciary obligations - Whether terms of loans amounted to breach of fiduciary obligations]
    • 2018 A-G: Hampshire v PPF [Insolvency - Pensions Protection Fund - Level of protection - Whether Insolvency Directive requires minimum levels of compensation]
    6 August 2018
    • PO-18604  – Mr D [PO-18604] Determinations from May 2018 can be found under "The Pensions Ombudsman" in the Table of Documents
    3 August 2018
    • 2018 Aus: Sharma v LGSS [Benefits - Long-term disability cover - Insured protection through occupational plan - Whether duty of member (rather than fund or plan) to disclose - Optional elements of a group policy]
    1 August 2018
    31 July 2018
    30 July 2018
    27 July 2018
    26 July 2018
    25 July 2018
    • PO-11613  – Mr S [PO-11613] Determinations from April 2018 can be found under "The Pensions Ombudsman" in the Table of Documents
    24 July 2018
    23 July 2018
    20 July 2018
    19 July 2018
    18 July 2018
    17 July 2018
    13 July 2018
    12 July 2018
    11 July 2018
    6 July 2018
    • PO-14790  – Mr L [PO-14790] Determinations from March 2018 can be found under "The Pensions Ombudsman" in the Table of Documents
    • Interpretation Act 1978 [ia78] Amended by the European Union (Withdrawal) Act 2018
    5 July 2018
    4 July 2018
    2 July 2018
    29 June 2018
    28 June 2018
    • 2018 USA: Marshall v Northrop Grumman [Investments - Fiduciary obligations - Whether investment management charges excessive - Whether plan sponsor is fiduciary - Whether individual members of committee are liable]
    • 2018 USA: Sacerdote v New York University [Investments - Defined contribution plan - Fiduciary obligations - Whether duty to use bargaining power of plan sponsor and trustees to improve investment management terms - Whether basis for class action]
    27 June 2018
    26 June 2018
    25 June 2018
    22 June 2018
    21 June 2018
    20 June 2018
    19 June 2018
    13 June 2018
    12 June 2018
    • 2018 CCC: Davy v 01000654 Limited [Transfers - Advice - Whether advice to transfer was negligent - Whether claim for negligent advice was time-barred - Limitation Acts - When time starts to run - Whether advisers had duty to advise on time-limits]
    • 2018 EAT: Dowokpor v Ministry of Justice [Benefits - Discrimination - Part-timers - Time-limits]
    • International Accounting Standards Board: International Accounting Standard IAS 19  – Employee Benefits [ias19] Updated to include amendments made by "Plan Amendment, Curtailment or Settlement (Amendments to IAS 19)", published in February 2018.
    11 June 2018
    8 June 2018
    • Office of Tax Simplification: Savings (Taxation)  – Savings Income: Routes to Simplification
    • 2018 QB: Marathon Oil UK v Centrica Resources [Joint venture - Pension liabilities - Proportionate costs - Whether the participants liable to meet a share of a proportion of deficit recovery charges (DRCs) in respect of a defined benefit pension scheme]
    • House of Lords/House of Commons: Joint Committee on Statutory Instruments  – Reports of the Joint Committee on Statutory Instruments Twenty-fifth Report of Session 2017-19, discussing the Police Pension Schemes and Additional Voluntary Contributions (Amendment) (England and Wales) Regulations 2018 (2018/530) and the Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2018 (2018/537) added.
    7 June 2018
    1 June 2018
    31 May 2018
    30 May 2018
    • 2018 Ch: Barclays Bank Reconstruction [Sponsor - Corporate reconstruction of sponsor - Spin-off of principal employer - Court approval - Considerations for the court - Procedure]
    29 May 2018
    • Punter Southall: Briefing Note May 2018  – Are RPI's days numbered?
    • 2018 FTT (Tax): SIPPCHOICE v HMRC [Tax - Contributions - Self-invested personal pension plan - Whether deductible - Whether allowable - Contributions in specie - Whether a debt]
    25 May 2018
    24 May 2018
    • 2017 FTT (Tax): Browne v HMRC [Tax - Transfers - Whether transfer gave rise to an unauthorised payment surcharge - Appeal - Time limits for appeal - Whether reliance on adviser who failed to comply was grounds for late appeal - Procedure]
    • 2018 ET: Engel v Ministry of Justice [Benefits - Part-time employees - Membership - Whether part-time judges denied membership of judicial pension system amount to discrimination against part-time employees - Quantum of loss - Methodology - Appropriate remedy - Discrimination - Equal treatment]
    • 2018 FTT (Tax): Goodrum v HMRC [Income Tax - Procedure - Jurisdiction of tribunal - Partial incapacity pension - Whether a letter from HMRC saying that a sum was not taxable was an assessment giving rise to a right of appeal]
    23 May 2018
    22 May 2018
    21 May 2018
    • 2018 CA: Air Products v Cockram [Discrimination - Age discrimination - Incentive plan - Procedure - Retirement exception on forfeiture of plan on resignation - Whether age cap amounted to discrimination]
    18 May 2018
    • HM Revenue & Customs: Newsletters (Pension Schemes Newsletters) May 2018  – Pension Schemes Newsletter 98 [psn098]
    • 2017 QB: Crowden v QBE Insurance (Europe) [Small schemes - Investments - Advice - Investment advice - Claim against adviser - Adviser in administration - Whether claim against professional indemnity insurer - Keydata investment - Impact of Financial Services Compensation Scheme on claim]
    • 2017 A-G: MB v Secretary of State for Work and Pensions (AG) [Small schemes - Investments - Advice - Investment advice - Claim against adviser - Adviser in administration - Whether claim against professional indemnity insurer - Keydata investment - Impact of Financial Services Compensation Scheme on claim]
    17 May 2018
    • 2018 QB: Boskovic v Chief Constable of Staffordshire Police [Benefits - Disability pension - Injury award - Police pension plan - Statutory pension plan - Whether cost of a later review of disability is a permissible factor in deciding to decline review]
    16 May 2018
    15 May 2018
    14 May 2018
    11 May 2018
    10 May 2018
    • Barnett Waddingham: Current Issues in Pensions Financial Reporting  – 31 March 2018
    • Pendragon: Pensions Reference Materials  – Pension Fundamentals - a Guide to Pensions [fundamentals] This update includes changes to tax and NI bands and related details for the tax year 2018/19; the increase in the standard lifetime allowance; updated content relating to automatic enrolment; the requirements introduced by the Pensions Act 2014 and subsequent regulations in relation to the disclosure of transaction costs and administration charges; and increased detail regarding Pension Schemes Act 2017 provisions in relation to the regulation of master trusts.
    9 May 2018
    • 2015 Fam: JS v RS [Divorce - Financial settlement - Pension share - Whether court will vary an agreement that the parties consider fair - Whether court will accept the valuation of an independent expert]
    • 2017 FTT (Tax): OCO v HMRC [Employee benefit trusts - Whether bona fide - Tests of whether a sham - Loans to members - Tests of bona fide]
    4 May 2018
    2 May 2018
    27 April 2018
    26 April 2018
    25 April 2018
    24 April 2018
    23 April 2018
    20 April 2018
    • PO-3495  – Mr N [PO-3495] Determinations from February 2018 can be found under "The Pensions Ombudsman" in the Table of Documents.
    19 April 2018
    17 April 2018
    13 April 2018
    • 2017 Ch: London Borough of Enfield v Jossa [Benefits - Right of set-off for criminal behaviour - Public sector pension fund - Whether legal - Appeal from determination of the Pensions Ombudsman]
    • 2017 Ch: Smith v Sheffield Teaching Hospitals [Pensions Ombudsman - Deputy Pensions Ombudsman - Ombudsman award - Award for non-financial injustice - Powers of Ombudsman - Procedure - Maladministration]
    12 April 2018
    11 April 2018
    6 April 2018
    5 April 2018
    4 April 2018
    3 April 2018
    • PO-15708  – Ms Y [PO-15708] Determinations from January 2018 can be found under "The Pensions Ombudsman" in the Table of Documents
    29 March 2018
    28 March 2018
    • HM Revenue & Customs: Newsletters (Pension Schemes Newsletters) March 2018  – Pension Schemes Newsletter 97 [psn097]
    • 2017 A-G and ECJ: BT Pension Scheme v HMRC [Investments - Taxation - Dividends - Foreign Income Dividends - Whether UK pension scheme entitled to tax credits on foreign income dividends]
    27 March 2018
    26 March 2018
    23 March 2018
    22 March 2018
    21 March 2018
    20 March 2018
    19 March 2018
    16 March 2018
    15 March 2018
    14 March 2018
    9 March 2018
    8 March 2018
    6 March 2018
    5 March 2018
    2 March 2018
    1 March 2018
    28 February 2018
    27 February 2018
    26 February 2018
    23 February 2018
    22 February 2018
    21 February 2018
    20 February 2018
    16 February 2018
    15 February 2018
    14 February 2018
    13 February 2018
    12 February 2018
    9 February 2018
    8 February 2018
    7 February 2018
    6 February 2018
    5 February 2018
    2 February 2018
    1 February 2018
    29 January 2018
    26 January 2018
    • 2017 Can: Barber v Manufacturers Life [Disability pension - Procedure - Complaints - Whether arbitration clause under a collective bargaining agreement binding on a member of the group]
    • 2017 USA: Jones v Singing River Health Services Foundation [Funding - Underfunding - Class action - Payment of legal fees in class action]
    • 2016 Aus: Mercer Superannuation (Australia) v Billinghurst [Trustees - Decision making - Fair and reasonable - Where Tribunal set aside decision of trustee and remitted the matter to the trustee for reconsideration whether trustee had regard to preferences of employer as to basis for valuing pensions to be commuted to lump sums - Whether Tribunal found that trustee adopted valuation of Plan Actuary who had advised the employer on options for terminating plan and bases for valuing the pensions to be commuted to lump sums - Whether Tribunal erred in approaching its task primarily as a form of judicial review of the trustee's decision]
    • 2017 USA: Osberg v Foot Locker [Variation of scheme - Cash balance plan - Whether members and employees given sufficient information to understand the change in benefit structure - Whether change was effective - Summary plan description - Whether misleading - Whether statute of limitation provisions apply - Whether court has power to reform plan]
    • 2017 USA: Pioneer Centres Holding Company ESOP v Alerus Financial [Investments - Duty of care]
    24 January 2018
    23 January 2018
    22 January 2018
    19 January 2018
    18 January 2018
    16 January 2018
    15 January 2018
    11 January 2018
    • 2017 USA: Boling v Public Employment Relations Board [Pension benefits - Benefits offered to employees - Whether benefit plans can be changed for new employees by a public sector employer where collectively bargained plans in place]
    • 2017 USA: Clark v Duke University Investments - Administration - Fiduciary obligations - Whether choice of 400 funds provided excessive choice and involved excessive expense
    • 2017 Can: Tibbetts v Murphy [Personal injury - Damages - Whether state pension benefits deductible from damages payable]
    • 2017 Can: Walter Energy Canada Holdings [Insolvency - Deficit - Funding - Whether liability for sponsor to be carried by other companies in a group - International law - Conflict of laws - Cross-border groups]
    10 January 2018
    9 January 2018
    3 January 2018
    22 December 2017
    21 December 2017
    20 December 2017
    • HM Revenue & Customs: Newsletters (Pension Schemes Newsletters) December 2017  – Pension Schemes Relief at Source for Scottish Income Tax Newsletter [psn094a]
    • 2017 Ch: Dalriada Trustees v Bluefin Trustees [Trusteeship - Appointment of independent trustee by the Pensions Regulator - Whether appointment sufficient to cover assets not directly held by the fund but which might be held in trust for the fund - Whether need for court appointment where scheme alleged not to be occupational]
    • 2017 UT: Medplant v The Pensions Regulator [The Pensions Regulator - Procedure - Appeal against determination - Appointment of trustee - Whether regulator has power to appoint trustee - Whether scheme is a trust scheme if not a trust scheme on the face of the documents]
    • 2017 EAT: University of Sunderland v Drossou [Damages - Week's pay - Whether week's pay includes employer pension contributions]
    15 December 2017
    14 December 2017
    12 December 2017
    7 December 2017
    5 December 2017
    • PO-1918  – Mr D [PO-1918] Determinations from September 2017 can be found under "The Pensions Ombudsman" in the Table of Documents
    1 December 2017
    29 November 2017
    28 November 2017
    27 November 2017
    24 November 2017
    22 November 2017
    21 November 2017
    • PO-10355  – Mr S [PO-10355] Determinations from July 2017 can be found under "The Pensions Ombudsman" in the Table of Documents
    • Office for National Statistics: Information & Awareness/Education/Pension Information (Government Actuary/ONS Surveys)  – Occupational Pension Schemes Survey, UK: 2016 - Statistical Bulletin
    • 2017 Can: Alberta Motor Association v Gladden [Fraud - Vulnerability of pension to sequestration or attachment - Forfeiture - Canada - Whether statutory prohibition on alienation can be overcome by contract]
    • 2017 USA: Hitchcock v Cumberland University [Defined contribution plan - Contributions - Employer contributions - Reduction of contributions - Unilateral reduction of employer contributions - Whether statutory breach - Disputes - Procedure - Whether necessary to exhaust internal dispute resolution procedures before application to the court - Jurisdiction of the court]
    • 2017 USA: Tatum v RJR Pension Investment Committee [Investments - Investment in sponsor employer - Defined contribution plan - Sale of investments - Whether sold at inappropriate time - Whether members can sue plan sponsor]
    20 November 2017
    17 November 2017
    16 November 2017
    15 November 2017
    14 November 2017
    13 November 2017
    • PO-10747  – Mrs N [PO-10747] Determinations from June 2017 can be found under "The Pensions Ombudsman" in the Table of Documents
    10 November 2017
    9 November 2017
    8 November 2017
    • 2016 Gue: The A Ltd FURBS [Funded unapproved retirement benefits scheme (FURBS) - Assets and investments - Dislcosure - Divorce - Whether trustees subject to disclosure for the benefit of a divorcing spouse]
    7 November 2017
    6 November 2017
    • 2017 FTT (Tax): Tipping v HMRC [Tax - Tax relief on contributions - Enhanced protection for contributions - Lifetime allowance - Whether late notification - Cause of delay]
    3 November 2017
    2 November 2017
    • 2017 FTT (Tax): Clark v HMRC [Taxation - Self-invested personal pension - Unauthorised transfer - Unauthorised investments - Transfers - Unauthorised payment charge - Unauthorised payments surcharge]
    1 November 2017
    31 October 2017
    26 October 2017
    25 October 2017
    17 October 2017
    • HM Revenue & Customs: HMRC Countdown Bulletins (ending of contracting-out) Issue 28  – Countdown Bulletin (October 2017)
    • HM Revenue & Customs: HMRC Countdown Bulletins (ending of contracting-out) Issue 29  – Countdown Bulletin (November 2017)
    • 2017 FTT (Tax): Twaite v HMRC [Taxation - Lifetime Allowance - Enhanced Protection - Time limits - Reasonable excuse for missing time limits for notification to HMRC - Whether adviser's mistake is reasonable excuse - Lifetime allowance charge]
    16 October 2017
    • 2017 CA: Amin v Amin [Divorce - Overseas divorce - Financial relief - Pension rights - Whether partial or total transfer of pension rights]
    10 October 2017
    5 October 2017
    3 October 2017