Conflicts of interest: Should the finance director be a trustee? | Practical Law

Conflicts of interest: Should the finance director be a trustee? | Practical Law

The thrust of recent pensions legislation has been to give greater powers to trustees of pension schemes. The Pensions Regulator considers trustees should take a more independent position with the sponsoring employer and act like a creditor - meaning more negotiations between trustees and the employer.

Conflicts of interest: Should the finance director be a trustee?

Practical Law UK Practice Note 0-381-9663 (Approx. 12 pages)

Conflicts of interest: Should the finance director be a trustee?

by David Pollard, Wilberforce Chambers
MaintainedUnited Kingdom
The thrust of recent pensions legislation has been to give greater powers to trustees of pension schemes. The Pensions Regulator considers trustees should take a more independent position with the sponsoring employer and act like a creditor - meaning more negotiations between trustees and the employer.
This note looks at the conflict of duty that can arise for the individuals concerned, and identifies the factors that companies and individuals should take into account when deciding whether a director or other senior officer should be a pension trustee.