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Professional Negligence and Liability

This chapter has been extensively revised in February 2025. The next review of this chapter is due in August 2025.

Chapter 19

PENSION SCHEME ACTUARIES

Authored by Michael Tennet KC, Jonathan Hilliard KC and David Pollard

19.1 Glossary

APS—Actuarial Professional Standard (issued by the IFoA).
DB—defined benefit, including final salary.
DC—defined contribution (or “money purchase”).
FRC—Financial Reporting Council (assuming responsibility for the Board for Actuarial Standards in July 2012).
GN—Guidance Note, formerly issued by the IFoA or its predecessor bodies.
IFoA—Institute and Faculty of Actuaries.
OPS—occupational pension scheme.
PA—Pensions Act.
PPF—the board of the Pension Protection Fund, established under the Pensions Act 2004.
PSA— Pension Schemes Act 2021.
Rules—the provisions (e.g. trust deed and rules) governing an occupational pension scheme.
Rules actuary—a person appointed as an actuary for the purposes of a scheme under its rules.
S75 debt—a debt on the employer arising under Pensions Act 1995, s.75.
Scheme actuary—the individual who is a qualified actuary appointed by the trustees under Pensions Act 1995, s.47.
TAS—Technical Actuarial Standard (issued by the FRC).
Third-party actuary—an actuary advising a person other than the trustees (e.g. an employer, member or other third party).
TPR— The Pensions Regulator, established by the Pensions Act 2004.
Trustee actuarial adviser—a person (including a company or firm) appointed by the trustees to advise on actuarial matters under Pensions Act 1995, s.47.
Trustees—the trustee or trustees of an OPS (which can include a single corporate trustee).

I. AN INTRODUCTION TO THE ROLE OF PENSION SCHEME ACTUARIES

19.2 This chapter deals with the law in England and Wales relating to common law professional negligence claims against pension scheme actuaries.

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