Know your ABC — new Pensions Regulator guidance on asset-backed contributions arrangements
The Pensions Regulator has issued guidance on asset-backed contributions arrangements (ABCs). This comes three years after some brief commentary on such arrangements contained in the Regulator’s statement on employer-related investments, which referred to a need to underpin an ABC arrangement. ABCs are on the rise, with press reports confirming that these arrangements are being used in respect of smaller deficits than was previously the case. This trend may, perhaps, go some way towards explaining the Regulator’s decision to issue guidance at this stage. There has also been a certain amount of commentary about the (at least theoretical) risk that Scottish independence could present in relation to the legality of 415066ABCs — would the employer-related investment legislation be breached?
As well as highlighting the risks and restrictions that often come with ABCs, the Regulator is keen to raise trustees’ awareness of the real nature of their interest in the ABC they have signed up to or are considering signing up to. In pursuit of this, the Regulator tells trustees to ‘unpack’ the arrangement. The Regulator urges trustees not to confuse the value of the underlying asset with the value of their interest in the ABC, which will often be limited to the remaining payments due under the arrangement. These payments, in turn, are reliant on the continuing ability of the employer to make them and the Regulator wants trustees to look at the bigger picture — for instance, are other assets or factors relevant? Will the ABC arrangement itself affect the employer covenant? Are the payments back-end loaded? …
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
The case of FOA (Kaltoft) v Billund (C-354/13) is the first time the Court of Justice of the European Union (CJEU) has considered issues concerning obesity-based discrimination. More specifically, it has looked at whether obesity can be classed as a ‘disability’ under the Equal Treatment Directive.
Wragge Lawrence Graham & Co’s dedicated insolvency litigation team brings you its monthly update on the issues affecting the insolvency and fraud investigation industry.