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Legal analysis: Trustee liability insurance – an overlooked protection?
10 February 2010
By Mark Howard, a partner at Barlow Lyde & Gilbert LLP
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Trustee liability insurance
UK pension scheme trustees have a difficult job. The Pensions Act 2004 increased the legislative burden on schemes and introduced the Pensions Regulator with wide ranging powers.
The Pensions Regulator has recently shown – with a new code of practice on “trustee knowledge and understanding” and its pronouncements on enhanced transfer values exercises and record keeping by trustees – that the bedding in of the 2004 act is over and there is a need for trustees to improve further the running of schemes.
The pensions ombudsman also provides members with a cheap and easily accessible forum for resolving disputes. In determinations relating to the Greenup & Thompson Pension
Scheme and the ES Group Pension Scheme, the pensions ombudsman made significant findings of personal liability for breach of trust and ordered the reimbursement of thousands of pounds in compensation to schemes.
It might be expected that, with personal liability and the responsibility for millions or...
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