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23 March 2018 / Ellis Pugh , Giselle Davies , Giselle Davies
Issue: 7786 / Categories: Features , Charities
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Risk management: avoiding the nuclear option

Giselle Davies & Ellis Pugh discuss how to handle liabilities outside your control

  • Defined benefit pension schemes can risk creating a funding deficit.
  • Avoiding insolvency is paramount.
  • Robust risk management is required to manage the issue.

While hidden liabilities come in all sorts of shapes and sizes, the fact that the sector is currently sitting on a very substantial pensions liability has been known for some time. A recent paper indicates that the top 40 charities in England and Wales have pension liabilities totaling £7bn. Clearly this is a problem, particularly where a charity’s pension liability compares unfavourably to its unrestricted reserve funds or annual income (the Hymans Robertson report suggests that for the 40 charities concerned the £7bn compares with £38bn of reserves and £12bn annual income respectively). For an individual charity, the comparison may be significantly less favourable.

Funding deficits: a ticking time bomb

It is defined benefit pension schemes (DBS), sometimes referred to as ‘final salary pensions’, which carry the risk of a funding deficit and related liability for employers. DBS payments to retired employees are

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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