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The legal issues

14 June 2011 Potential Legal Challange

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POTENTIAL GROUNDS TO CHALLENGE BT AND THE GOVERNMENT ON THE CHANGE OF PENSION INDEXATION FROM RPI TO CPI

as at 14 June 2011

Introduction
The following documents sets out possible grounds for a challenge to the Government's decision to change pension indexation from RPI to CPI and BT's decision to accept this change in relation to its pensions schemes.  Amongst the bodies to pursue this challenge with are: the Government, BT, the FSA, the Pensions Ombudsman, Accenture and the Courts.  The  arguments in this paper can, of course, be used more widely. 

NFPO Legal Advice on RPI/CPI

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The following is an extract form the BFOP newsletter number 72.

You really should join the NFOP.

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Legal Advice on RPI / CPI

Below is the advice we have received from our solicitor on the change relating directly to the BT Pension Scheme, but will be applicable to other schemes. The advice is pretty unequivocal that the CPI will be applied.

"BTPS: INDEXATION AND REVALUATION

As I understand it, following the Government’s change of policy regarding the index to be used for the uprating of social security benefits and public service pensions, BT and the trustee of the BTPS have changed the basis on which deferred pensions will be revalued and pensions in payment will be increased: