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1.
What are the main statutes and regulations relating to pensions and retirement plans?
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2.
What are the primary regulatory authorities and how do they enforce the governing laws?
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3.
What is the framework for taxation of pensions?
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4.
What is the state pension system?
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5.
How is the state pension calculated and what factors may cause the pension to be enhanced or reduced?
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6.
Is the state pension designed to provide a certain level of replacement income to workers who have worked continuously until retirement age?
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7.
Is the state pension system under pressure to reduce benefits or otherwise change its current structure in any way on account of current fiscal realities?
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8.
What are the main types of private pensions and retirement plans that are provided to a broad base of employees?
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9.
What restrictions or prohibitions limit an employer’s ability to exclude certain employees from participation in broad-based retirement plans?
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10.
Can plans require employees to work for a specified period to participate in the plan or become vested in benefits they have accrued?
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11.
What are the considerations regarding employees working permanently and temporarily overseas? Are they eligible to join or remain in a plan regulated in your jurisdiction?
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12.
Do employer and employees share in the financing of the benefits and are the benefits funded in a trust or other secure vehicle?
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13.
What rules apply to the level at which benefits are funded and what is the process for an employer to determine how much to fund a defined benefit pension plan annually?
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14.
What are customary levels of benefits provided to employees participating in private plans?
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15.
Are there statutory provisions for the increase of pensions in payment and the revaluation of deferred pensions?
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16.
What pre-retirement death benefits are customarily provided to employees’ beneficiaries and are there any mandatory rules with respect to death benefits?
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17.
When can employees retire and receive their full plan benefits? How does early retirement affect benefit calculations?
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18.
Are plans permitted to allow distributions or loans of all or some of the plan benefits to members that are still employed?
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19.
Is the sufficiency of retirement benefits affected greatly if employees change employer while they are accruing benefits?
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20.
In what circumstances may members transfer their benefits to another pension scheme?
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21.
Who is responsible for the investment of plan funds and the sufficiency of investment returns?
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22.
Can plan benefits be enhanced for certain groups of employees in connection with a voluntary or involuntary reduction in workforce programme?
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23.
Are non-broad-based (eg, executive-only) plans permitted and what types of benefits do they typically provide?
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24.
How do the legal requirements for non-broad-based plans differ from the requirements that apply to broad-based plans?
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25.
How do retirement benefits provided to employees in a trade union differ from those provided to non-unionised employees?
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26.
How do the legal requirements for trade-union-sponsored arrangements differ from the requirements that apply to other broad-based arrangements?
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27.
What is the process for plan regulators to examine a plan for periodic legal compliance?
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28.
What sanctions will employers face if plans are not legally compliant?
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29.
How can employers correct errors in plan documentation or administration in advance of a review by governing agencies?
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30.
What disclosures must be provided to the authorities in connection with plan administration?
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31.
What disclosures must be provided to plan participants?
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32.
What means are available to plan participants to enforce their rights under pension and retirement plans?
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33.
What restrictions and requirements exist with respect to an employer’s changing the terms of a plan?
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34.
What restrictions and requirements exist with respect to an employer terminating a plan?
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35.
What protections are in place for plan benefits in the event of employer insolvency?
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36.
How are retirement benefits affected if the employer is acquired?
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37.
Upon plan termination, how can any surplus amounts be utilised?
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38.
Which persons and entities are ‘fiduciaries’?
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39.
What duties apply to fiduciaries?
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40.
What are the consequences of fiduciaries’ failing to discharge their duties?
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41.
Have there been legal challenges when certain types of plans are converted to different types of plan?
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42.
Have there been legal challenges to other aspects of plan design and administration?
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43.
How will funding shortfalls, changing worker demographics and future legislation be likely to affect private pensions in the future?
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Updates and trends
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