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23 March 2018 / Ellis Pugh , Giselle Davies , Giselle Davies
Issue: 7786 / Categories: Features , Charities
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Risk management: avoiding the nuclear option

Giselle Davies & Ellis Pugh discuss how to handle liabilities outside your control

  • Defined benefit pension schemes can risk creating a funding deficit.
  • Avoiding insolvency is paramount.
  • Robust risk management is required to manage the issue.

While hidden liabilities come in all sorts of shapes and sizes, the fact that the sector is currently sitting on a very substantial pensions liability has been known for some time. A recent paper indicates that the top 40 charities in England and Wales have pension liabilities totaling £7bn. Clearly this is a problem, particularly where a charity’s pension liability compares unfavourably to its unrestricted reserve funds or annual income (the Hymans Robertson report suggests that for the 40 charities concerned the £7bn compares with £38bn of reserves and £12bn annual income respectively). For an individual charity, the comparison may be significantly less favourable.

Funding deficits: a ticking time bomb

It is defined benefit pension schemes (DBS), sometimes referred to as ‘final salary pensions’, which carry the risk of a funding deficit and

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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