Facts
Background
The
directors came to us having taken advice from us previously on an unrelated
matter concerning the insolvency of a customer.
The company was trading profitably but for rapidly rising costs
associated with a final salary pension scheme.
A dispute over the level of monthly contributions had escalated into a
stand-off with the Pension Regulator who had appointed an independent trustee. Normally the trustee’s expenses are paid out
of the pension scheme assets but the Pension Regulator had ordered that the
expenses, which were spiralling out of control, be paid by the employer.
Problem
On paper
the company was solvent but it did not have the cash to pay the trustee’s
expenses. The directors wanted to
discharge their obligations to the pension scheme but could not see how and
wanted advice on how to deal with the new pension scheme trustee.
Solution
We
assessed the situation and brought in a London based specialist pension
insolvency lawyer who had recently been on secondment to the Pension
Regulator. We agreed a strategy with the
pension scheme trustee and the Pension Regulator which involved an orderly wind
down of the business. This doubled the
likely asset realisations and together with tax planning measures to eliminate
a potentially large CGT liability we designed a strategy to minimise the cash calls
on the other employers in the pension scheme.
Difference
Final
salary pension schemes are a nightmare for employers. Even the largest FSTE 100 companies have
closed their schemes to new entrants. As
life expectancy increases, investment returns reduce and scheme expenses
escalate very few SME businesses can afford them. We have worked on several insolvencies with
final salary pension schemes working closely with the specialist pension lawyer
used on this case and know how to navigate the numerous pitfalls – normally the
preserve of the largest national insolvency firms at large national firm costs.