News & Events
Update: Government urged to act following Virgin Media pension case ruling
20th August 2024
In light of the recent developments surrounding the Virgin Media case, there is growing pressure for government intervention, a move that could significantly impact the defined benefit (DB) pension sector. This case, which we initially discussed in our article last year, has now taken a critical turn with broader implications for pension schemes across the UK.
A recap of the case
To briefly revisit the original issue: Virgin Media sought clarity from the High Court regarding amendments to the National Transcommunications Limited Pension Plan, which had been their pension scheme between 1997 and 2023. The amendments in question, introduced in 1999, altered the calculation of members’ benefits retroactively to 1997. However, due to the absence of a section 37 certificate—a necessary actuarial confirmation—the court ruled these changes invalid, potentially costing Virgin Media around £10 million.
This ruling prompted concerns across the industry, as other schemes with similar amendments made between April 1997 and April 2016 might face similar consequences if they cannot produce the required documentation.
New developments and industry response
In an update, the Court of Appeal issued a ruling last month that further complicates the situation. The court’s decision reaffirmed that amendments lacking a section 37 certificate are void, potentially affecting numerous schemes that were contracted out on a salary-related basis during the relevant period.
In response to this ruling, key industry groups—including the Society of Pension Professionals (SPP), the Association of Consulting Actuaries (ACA), and the Association of Pension Lawyers (APL)—have stepped forward to advocate for government action. These organisations have been in ongoing discussions with the Department for Work and Pensions (DWP) since the initial ruling, urging the government to introduce new regulations to address the issue.
The call for government intervention
The SPP, ACA, and APL have jointly proposed that the Work and Pensions Secretary, Liz Kendall, draft regulations that would retroactively validate amendments affected by the ruling. This proposal suggests that any amendment now considered void solely due to the absence of actuarial confirmation should be rendered valid, provided that appropriate safeguards are in place.
The DWP is reportedly considering the broader implications for both schemes and members but has yet to announce any concrete plans for action. The urgency of the situation is underscored by the fact that schemes might struggle to locate the necessary documentation, especially for amendments made decades ago. Concerns have also been raised about how this issue might impact schemes that have closed to new members or even those that have undergone buyouts.
Looking ahead
As the pensions industry continues to digest the ramifications of this ruling, the need for government guidance is becoming increasingly apparent. The potential invalidity of historical amendments to final salary contracted-out pension schemes from April 1997 onwards contradicts the government’s broader pension reform goals.
With the precedent already in place for the government to issue retrospective regulations, there is a clear pathway to resolving this issue. As we monitor these developments, it is crucial for pension schemes to stay informed and prepared for any further legal or regulatory changes that may arise.
This update highlights the evolving landscape of defined benefit pension schemes and the importance of vigilance in compliance with legislative requirements. We will continue to provide insights and updates as this situation unfolds.
The Rowleys pensions team are pension audit experts. We work with a large number of pension schemes, taking a balanced, risk-based approach to audit. If you’d like to discuss your pension scheme accounts and audit requirements, then please get in touch.