Abstract

This paper discusses the author's view that the economic downturn has increased interest in the requirements for the statutory appointment of independent trustees and the law relating to their appointment to occupational pension schemes where an insolvency practitioner is appointed to a sponsoring employer of the scheme. The paper also discusses the statutory test of ‘independence’ applied to assess whether a person or body is ‘independent’ for the purposes of being eligible for appointment as an independent trustee under the pensions Act 1995 and goes on to cover the disclosure of information requirements triggered by the appointment and the powers of an independent trustee. Finally, the paper discusses the circumstance in which the requirements for an independent trustee under the Pensions Act will end.

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