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Education pensions e-briefing - RPI / CPI: no power to adopt a "replacement" index until ...

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(Source: Eversheds LLP) 06-10-2015 Summary The recent High Court decision in Buckinghamshire v Barnardo's suggests that there may be limits to the courts' flexible approach (seen in the earlier cases of QinetiQ and Arcadia) of allowing trustees to adopt an index other than RPI for the purposes of their scheme's indexation and revaluation provisions. This unreported decision turns on its facts, but highlights the need to consider the specific wording of scheme rules, taking into account the wider factual background and the scheme's balance of powers. It appears that there is not necessarily a consistent viewpoint among the judiciary on these issues. Background The UK Statistics Authority...

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