July 2024

United States: US court vacates the SEC Private Fund Adviser rule

On 5 June 2024, the United States Court of Appeals for the Fifth Circuit vacated the Private Fund Adviser rule (“Rule“) in its entirety on the grounds that the SEC, in enacting the Rule, had exceeded its statutory authority. The Rule was adopted by the SEC in August 2023 and would have fundamentally changed the regulatory landscape for private equity funds and their investors. The outcome was somewhat unexpected as in oral arguments the petitioners only directly challenged three...

UK. Election 2024 manifestos: Parties’ pledges on disability, PIP, pensions and workers’ benefits

The party vows to reform disability benefits so they are “better targeted” and improve PIP assessments to make it more specific to someone’s need – following a consultation. The party wants to stop the number of claims from rising and argues people with mental health issues, for example, may not need as much financial support as someone with a physical disability. Labour Labour would work with councils to help match up disabled people, or those with health conditions, with jobs as...

June 2024

US. DOL report inconclusive on pension risk transfer market, needs more research

The U.S. Department of Labor is not proposing specific changes to Congress regarding Interpretive Bulletin 95-1, its Employee Benefits Security Administration guidance related to the fiduciary standards of pension risk transfer transactions. Instead, the DOL believes further exploration into the evolution of the PRT market may warrant changes in the future. A report released June 24 was required by SECURE 2.0, the retirement security package Congress passed in December 2022. The bulletin, IB 95-1, outlines the process plan fiduciaries must take when executing...

U.K. pension funds oppose dual-class voting proposed by regulators

U.K. pension funds and asset owners with a collective £136.2 billion ($173.2 billion) oppose reforms to U.K. listings that would allow for dual-class share structures that carry separate levels of voting rights. Dual-class share structures are already prevalent in other markets, such as the U.S. and Sweden. More than 40% of U.S. technology initial public offerings used dual-class structures between 2020 and 2022, according to a report by the Investor Coalition for Equal Votes. In a signed a letter to Ashley...

UK. Watchdog consults on pension abandonment

The Pension Regulator on Thursday repeated its concerns that companies may abandon final-salary pension obligations to cut risks and warned that scheme members' benefits could be in danger. The Regulator is to consult the industry about growing interest in companies passing their pension liabilities to outside businesses. It said there are about 10,800 private-sector funds in Britain that pay a defined benefit, usually based on pay levels. "While the Pensions Regulator welcomes innovation that helps employers and trustees better manage pensions...

UK. DWP Spending Review May Require PIP Recipients to Repay Money

The Department for Work and Pensions (DWP) provides State Pension and welfare benefits to about 22.7 million people across the United Kingdom. New numbers revealed in the 2024 Fraud and Error in the Benefit System report show that the overall number of benefit overpayments over the last year was £9.7 billion (3.7%), up from £8.3 billion in 2023. Personal Independence Payment (PIP) was implemented in 2013 to aid with additional expenditures associated with a long-term disability or health condition. The numbers reveal that...

UK. Labour manifesto confirms key pension priorities

The Labour Party has shared its 2024 manifesto, confirming plans to conduct a pensions review if elected, to consider what further steps are needed to improve security in retirement, and increase productive investment in the UK economy. In its manifesto, Labour said that it will act to increase investment from pension funds in UK markets, by adopting reforms to ensure that workplace pension schemes take advantage of consolidation and scale, and to deliver better returns for UK savers and greater...

UK. WASPI women promised they’ll receive ‘apology and proper compensation’

WASPI women have received a compensation pledge ahead of July's General Election. Department for Work and Pensions ( DWP ) campaigners have called for WASPI women to receive payouts after the Ombudsman's damning report earlier this year. In its election manifesto, the Liberal Democrats has stated: "The women affected by changes to their state pension age should receive an apology from the government and should be given proper compensation." Director of public affairs Becky O'Connor welcomed the measures to widen pension participation to gig economy...

Protection of EU Consumers Vis – À – Vis Pension Products: the Dutch Case: Towards a New Regime

By Hans van Meerten The book is an extensive examination of the intersection between EU consumer protection laws and the Dutch pension system, particularly in light of the transition to a new pension regime. It contains lessons for a new EU consumer regime vs pension products. The Dutch reform is taken a a case study. The document advocates for a comprehensive review of the Dutch pension system and its alignment with EU consumer protection laws. It suggests that while the Dutch pension...

Navigating the UAE’s updated pension regulations

The United Arab Emirates (UAE) has recently undergone a comprehensive reform of its legislative framework. It aims to address shifts in the work environment and align UAE relations with international best practices. The most recent and radical change to the pensions landscape is the implementation of a new pensions law, UAE Federal Decree Law No. 57 of 2023 (the 2023 Law). Discrepancy on effective date The 2023 Law was officially published on October 2, 2023. This legislation represents the most substantial...