Bett Homes Ltd v Wood and others

Pension scheme – Changes to administration of scheme. Court of Session: In a special case in which a company and the trustees of the company pension scheme, who had been unable to discover sufficient evidence to demonstrate that in 1992 decisions in respect of changes to escalation of benefits and equalisation of pension date were made and recorded in accordance with the requirements of a clause making provision for amendment of the rules of the scheme, invited the court to decide whether it could be inferred that in 1992 the trustees exercised powers under another clause to apply special terms, both in respect of escalation and equalisation, that the company consented thereto and that intimation thereof was made to members in accordance with that clause, the court answered the question in relation to escalation in the affirmative (with a reservation) and the question in relation to equalisation in the negative (with an exception).

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