The defendant had been employed as a local government officer, and had accrued pension rights under the statutory scheme. He was made bankrupt, and later made redundant under circumstances triggering payment of the pension. The trustee claimed all or part of the pension.
Held: He was entitled to the basic pension, pension lump sum, and enhanced benefits so far as they were attributable to earnings before the presentation of the petition. The enhanced benefits were property even though discretionary. The trustee was entitled to the benefit of the pension and lump sum. The benefits under such schemes were akin to deferred pay for services, but the pension schemes were not themselves unexecuted contracts for personal services.
Judges:
Lord Justice Aldous, Lord Justice Mummery, Lord Justice Kay
Citations:
Times 29-May-2001, [2001] EWCA Civ 779
Links:
Statutes:
Insolvency Act 1986 436, Local Government Superannuation Regulations 1986 (1986 No 24)
Jurisdiction:
England and Wales
Insolvency, Financial Services, Local Government
Updated: 01 June 2022; Ref: scu.160013
