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A physical or mental condition that prevents a member from continuing to work owing to his ill-health or disability. It is usually defined in the scheme rules and can vary greatly from scheme to scheme.
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Written statement checklist—until 5 April 2020 [Archived] FORTHCOMING CHANGE: On 6 April 2020, the Employment Rights (Miscellaneous Amendments) Regulations 2019, SI 2019/731 extend the right to a written statement of employment particulars to all categories of ‘worker’, not just ‘employees’. With effect from the same date the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018, SI 2018/1378, make that right apply when an individual starts work (ie a day 1 right) and require further information to be included in the particulars including the days of the week required to be worked (and details of any variation to that), details of any terms and conditions relating to any paid leave plus particulars of any other benefits, any probationary period and training. For more information, see: Checklist—section 1 ERA 1996 written statement requirements and reports: LNB News 18/12/2018 123 and LNB News 19/12/2018 122. ARCHIVED: This archived Checklist sets out the particulars of employment that, until 5 April 2020, must be included in a written statement of particulars of employment, in order to comply with...
EPA registration checklist This Checklist outlines the steps that should be taken in order to successfully register an enduring power of attorney (EPA). These steps include checking that the EPA was valid when created and is still valid, assessing the mental capacity of the donor, notifying the relevant parties of the intention to register the EPA and the application for registration. Ensuring that the enduring power of attorney was valid when created Make sure that the power: • is in the form prescribed by law at the time when it was executed by the donor and that, when it was executed by the donor, it incorporated the explanatory information prescribed at that time, and that none of the following statements has been omitted: ◦ that the donor intends the power to continue in spite of any supervening mental incapacity ◦ that the donor has read or had read to them the information explaining the effect of creating the power ◦ that the attorney understands the duty of registration...
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THIS PRACTICE NOTE RELATES TO REGISTERED OCCUPATIONAL PENSION SCHEMESAn important aspect of registered occupational pension schemes is their ability to provide ill-health (sometimes referred to as 'incapacity') benefits. Such benefits are particularly important in circumstances where members are obliged to retire from employment prior to their normal pension date (NPD) due to serious illness.This Practice Note covers the various issues that may arise when interpreting scheme rules of a registered occupational pension scheme for the purpose of determining whether ill-health benefits should be granted to a member. For further information on the considerations relevant to trustees of occupational pension schemes and/or employers required to make decisions in relation to members’ ill-health early retirement requests, see Practice Note: Ill-health early retirement—decision-making and exercise of discretion.Nature of ill-health early retirement benefitsIll-health early retirement benefits are calculated in accordance with the scheme rules. Those provided by defined benefit occupational pension schemes are frequently (but not invariably) more generous than 'normal' early retirement benefits.For example, ill-health early retirement pensions provided by defined benefit occupational pension...
THIS PRACTICE NOTE APPLIES TO REGISTERED OCCUPATIONAL PENSION SCHEMESThe scheme rulesThe ill-health early retirement provisions of trust-based occupational pension schemes commonly confer decision-making powers on their trustees or sponsoring employers, or both. In some cases, the decision making will be limited to deciding whether the ill-health test set out in the scheme rules is satisfied. In other cases, the ill-health provisions may have a discretionary element in terms of deciding whether to grant an ill-health pension to a member.The definitions and scope of the ill-health provisions will vary between schemes an issues may arise in interpreting those provisions properly. For further information, see Practice Note: Ill-health early retirement—Interpreting the scheme rules.The relevant decision maker must consider each application on a case-by-case basis.The ill-health ruleOn receipt of an application for ill-health early retirement, the decision maker must first consult the relevant provisions in the scheme's governing documentation. It is essential to ascertain who decides whether a member is granted ill-health early retirement benefits.To ensure that an ill-health pension from a registered...
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Policy and procedure—sickness and attendance (short form) 1 Policy 1.1 We are committed to ensuring that our employees attend work whenever they are fit for work. However, we also recognises that people do become ill and, where this is the case, will, through consultation with you and medical advisers when appropriate, manage such absence with the ultimate aim of getting you back to work as soon as possible, with appropriate and reasonable assistance from us to achieve that aim. This policy sets out the expected steps in managing sickness and attendance but we may use a different procedure or take additional steps as required in individual cases. 1.2 Certain parts of this policy are contractual requirements with which you must comply. This policy is not otherwise contractual, does not form part of any employee’s contract of employment and we may amend it at any time. 1.3 This policy applies to all employees and workers except agency workers, consultants, self-employed contractors[, volunteers] [, interns] and casual workers....
Resolution—appointment of director to fill a vacancy Ordinary resolution: That [insert name of the director to be appointed], having consented to act, be appointed as a director of the Company with [immediate effect OR effect from the end of the meeting OR effect from [insert date]] [to hold office until [the next annual general meeting
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Can you get out of a 'sole selling rights agreement' contract with a third party if there has been a death of one of the parties? This Q&A is in the context of a business-to-business contract. In considering the effect of death on rights under a contract, it is necessary to distinguish between discharge of the contract itself and discharge of an accrued right of action for breach of contract. Generally speaking, the death of a contracting party will have no effect upon either the contract or rights already accrued under it. Thus the personal representatives of the deceased party may complete performance and sue for the exchange bargained for and, indeed, they are bound to complete performance at the demand of the other party so far as the assets of the estate will allow. However, unless empowered to do so by the testator's Will, an executor is not entitled to carry on the deceased's business, except for the purpose of winding it up. If they go beyond that, they...
Does the attorney in a power of attorney need to be specifically named, or if granting a power of attorney to multiple and changing personnel, can a power of attorney be granted to 'all those listed in the document appended to this power of attorney'? A general power of attorney governed by the Powers of Attorney Act 1971 (PAA 1971) is the most commonly used appointment for commercial transactions. A company may appoint a person to act as its attorney to execute documents on its behalf. Any document so executed will have effect as if executed by the company. PAA 1971 is silent as to who may act as an attorney and whether a power of attorney needs to specifically name individuals or if it may be granted to multiple and changing personnel by reference to an appended document. For more information, see Practice Note: Powers of attorney in commercial transactions—Who can act as an attorney. Typically, if more than one attorney is appointed, separate powers of...
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Law360, London: On 15 May 2025, the UK government published the conclusions of its cross-government review of UK sanctions implementation and enforcement.
This week's edition of the Family weekly highlights includes analysis of the new Pension Schemes Bill and consideration of Hadkinson and unless orders where there is a failure to comply with a legal services payment order. Recent judgments on the interaction between accommodation under the Children Act 1989 and the Immigration and Asylum Act 1999 and the inherent jurisdiction to facilitate the summary return of a child are considered. Two new flowcharts on applications under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the 1980 Hague Convention) and the limited defences that may be raised in response to an application under the 1980 Hague Convention are also set out.
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