There has always been a tension between protecting the interests
of defined benefit pension schemes and insolvency given on the one
hand The Pensions Regulator (TPR) seeks to protect the interests of
pension scheme members and the Pension Protection Fund and on the
other, the insolvency regime seeks to protect the interests of
creditors as a whole.
We published an article in July 2018 reporting on a consultation
paper issued by The Department for Work and Pensions. In that, we
highlighted our concerns about proposed changes to the notifiable
events framework and the impact that increasing TPR's powers
might have on the insolvency profession and the rescue of companies
with defined benefit pension schemes.