The Pension Schemes Act 2021 materially enhances the sanctions available to tPR, tPR’s information gathering powers and the Contribution Notice regime.
More than ever, sponsoring employer and trustees of defined benefit pension schemes need to consider the impact of corporate activity on associated pension schemes.
Corporates need to seek advice before entering into corporate activity including M&A, refinancing, restructuring, granting security, and/or paying dividends.
Trustees need to ensure that they understand any activity that could be materially detrimental to the ability of the scheme to meet its pension liabilities – a ‘Type A’ event – and negotiate appropriate mitigation for detriment caused.
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