Two key pensions cases on the duties of trustees and employers

The consequences of breaching the duty of trust and confidence are unenforceability of the affected arrangements, and claims for damages.

In the separate case of MNRPF v Stena Line, which again followed an earlier Court of Appeal judgment in 2011, the court has ruled on the regard trustees may have for the interests of employers in setting recovery plans.  The case also determines that maintenance of a special revaluation rate for employed members is not enough for continued active membership for statutory purposes.