Pensions

Arthur Cox's Pensions Group is one of the leading specialist teams in the Irish pensions sector. The Group has considerable experience providing advice on all aspects of pensions law to a wide range of corporate clients, public sector and former public sector clients, pension scheme trustees and scheme members.

Our practice involves advising on legal issues that relate to the establishment and operation of occupational pension schemes, providing advice on establishing trusts and the provision of legal advice to the trustees, and also dealing with the pensions aspects of commercial transactions. The Group provides the full range of pension advices including advices on scheme design, scheme set up, scheme administration, scheme mergers and winding ups. In addition, the Group advises on the pension aspects of mergers and acquisitions including the conduct of due diligence, the negotiation of related warranties and the merging or de-merging of pension schemes. We also advise employers and trustees generally on all regulatory and compliance aspects of pension scheme administration including the handling of complaints and Pension Board enquiries and investigations. The Pensions Group works closely on a day to day basis with the Employment and Industrial Relations Group, which itself is recognised as a leading specialist team.

As a firm we believe in providing pragmatic business-centred advice. The Pensions Group focuses on providing clear and concise advice.

Our Pensions Group's work is primarily in two well-defined areas:

	Advising Trustees and Employers on day to day pension scheme issues
	Dealing with the pensions aspects of commercial transactions

We advise trustees and companies on the full range of issues in relation to all aspects of occupational pension provisions, including:

	Administration and governance of schemes
	Interpretation of trust deeds
	Amendment to schemes
	Conversion from defined benefit to defined contribution
	Accounting issues and FRS17
	Family law pensions issues (divorce orders)
	Pensions litigation and dispute resolution (including Pensions Ombudsman claims)
	Investment management and custody agreements
	Winding up of schemes
	Pensions Board investigations
	Documentation review services
	Customised trustee training
	Pensions Acts 1990-2002 and related Regulations
	Pensions aspects of mergers and acquisitions
	Revenue queries
	Trust law issues
	Scheme transfers, mergers and reorganisations

Scheme Administration and Governance

We advise on a range of issues dealing with scheme administration and governance issues on a day to day basis. These include advising in relation to administration agreements, death benefit queries, queries relating to member's benefits (including on benefit calculations, augmentations or payment of benefits). We advise regularly on the correct interpretation of scheme trust deeds and in relation to proposed amendments to schemes and other documentation issues.

Scheme Reorganisations

We advise on proposals to merge schemes and the ways in which the reorganisation of schemes can be most effectively achieved. In a related area, we frequently advise on the winding up of pensions schemes, advising in relation to the correct distribution of the trust monies in accordance with the provisions of the trust deed and rules, and the requirements of the Pensions Acts 1990-2002. We have also advised on proposed conversions from defined benefit to defined contribution pension provision for various clients and on the implications of the eligibility requirements under the Pensions Act for the purposes of considering whether an employer is required to provide a personal retirement savings account (PRSA) for "excluded employees".

Documentation / Scheme Amendment Review

We prepare all aspects of scheme documentation for clients. For those clients who use a one-stop insurance house for pensions we can provide a review of standard documentation. We regularly audit third party standard documents for regulatory compliance and consistency with existing and previous client documentation.

Litigation and Dispute Resolution

We advise companies and trustees (and occasionally members) in relation to pensions disputes. We advise clients in relation to matters under investigation by the Pensions Board, and our Pensions Group has experience of claims before the Pensions Ombudsman in the UK, which will assist in advising on the newly created Pensions Ombudsman's office in Ireland.

Investment Management and Custody

We advise trustees and companies about agreements with investment managers in relation to the management of pensions fund assets and on the custody agreements for such assets.

Commercial

In addition to the above specialist services, as market leader in the corporate legal services sector in Ireland, we advise our clients on all corporate and commercial issues, banking and financial transactions and any tax and property matters that may arise. In relation to corporate mergers and acquisitions, we provide pensions due diligence services and the Pensions Group works closely with its commercial colleagues to ensure that the pensions schemes are dealt with appropriately in relation to such transactions.