Day 3: Wednesday, May 31, 2017
|Plenary: Brexit and Impact on Pension Plans in the UK, the EU and the US
Coordinator and Discussion Leaders: Sandeep Maudgil (U.K), Hans-Joachim Liebers (Germany)
Sandeep advises on a variety of pensions and employment-related matters, both insofar as they affect mergers and acquisitions, and in the day-to-day ongoing context.
He has extensive experience advising employers and trustees of a wide range of occupational pension schemes on all matters, including:
He has also been at the forefront of thinking in relation to collective defined contribution (CDC) schemes and the new options for retirement benefit provision opened up by the 2014 Pension Schemes Bill.
Hans-Joachim advises industrial clients, banks and investors in all employment and pension related matters. He has particular experience in M&A transactions, group restructurings and genuine personnel measures. He also frequently advises companies in sensitive contract matters with members of the management board, managing directors and executive employees.
His recent practice in M&A includes advising Magna, the Canadian automotive group, in the purchase of the transmission producer Getrag AG, American & Efird Global Inc. in the purchase of Gütermann AG; JC Decaux, the French outdoor advertising group, in the purchase of Wall AG; British INEOS Group in the sale of its PVC business of two subsidiaries to Vinyls Wilhelmshaven GmbH, as well as in the sale of its shares to the ICI Group as a condition imposed by the EU for the approval of a joint venture project of INEOS and Solvay, Dutch NIBC Bank N.V. in the purchase of Galinat Bank AG, and Redknee Inc., the Canadian IT service provider, in the purchase of a branch of the Nokia Siemens joint ventures.
|Workshop 25: "Trends in Pension Litigation"
Coordinator and Discussion Leaders: Onno Blom (the Netherlands), Carlyle Field (South Africa), Roel Veugelers (the Netherlands),
Pension litigation is often complex. Are the courts in your country sufficiently equipped to deal with complex pension litigation? Are specialized pension courts required? Are there alternatives? Arbitration, independent experts, mediation, the pension ombudsman, complaint committees. How is a pension case properly solved in your jurisdiction?
Onno Blom (1957) is the founder and co-owner of Onno F. Blom Advocaten. He is considered as one of the leading pension lawyers in The Netherlands and is a ranked lawyer in Chambers Europe 2016.
In 2010, Blom was appointed Deputy Justice in the Court of Appeals in The Hague.
He graduated from Utrecht University in 1983. He started his career as a pension and insurance lawyer in the pensions department of Delta Lloyd (a major pension and life insurance company) where he became Head of the Legal Staff and served as member of the Board of its company pension fund. From 1989 through 1994 he worked as a senior consultant for a pension consultancy firm, providing legal and commercial services to clients including many law firms.
In 1995, he was admitted to the Dutch Bar and joined the international law firm of Stibbe Simont Monahan Duhot (presently Stibbe) based in Amsterdam where he became the firm’s pension law specialist.
In 2000, Blom established his own private practice in a suburb of Utrecht, The Netherlands, specializing in pension law. His field of practice focuses on pension law and includes labour law, industrial relations, life insurance and arbitration related to these matters.
Over the years, Blom published a number of papers and a book on pensions and teaches (post graduate) pension law at the Grotius Academy and at the Training and Study Centre for the Judiciary. He speaks regularly at pension law conferences and seminars and is an active member and former Secretary of the Dutch Association for Pension Law.
Blom holds positions as independent chairman of the disputes committees of the Dutch company pension funds of PostNL (mail services), Chevron, KPN (telecom) and PepsiCo.
CARLYLE FIELD (Speaker) - Email: firstname.lastname@example.org
Carlyle specializes in pension fund law. He has advised a number of large retirement funds and principal officers on pension and other employee benefits issues, including the conversion of funds from defined benefit to defined contribution, pensioner outsourcing arrangements, the formulation of surplus schemes and section 14 transfer schemes, fund management, the duties of boards of trustees and related issues. He has experience in engaging with the regulatory authorities (such as the Financial Services Board and the South African Revenue Services) to achieve optimal outcomes to practical problems facing boards of trustees. He also has a thorough knowledge of the Pension Funds Act 1956, as well as other legislation and regulatory authorities (such as directives and circulars issued by the Financial Services Board) that regulate retirement funds and boards of trustees. Carlyle is a principal officer and has over eight years of experience in the retirement funds industry.
In 1991 Roel graduated at the Erasmus University of Rotterdam. He completed European law studies at the College of Europe in Bruges (Belgium). In 1992 he was admitted to the bar. Roel has a mergers & acquisition/corporate background and developed from there into a pension specialist. He was a partner at Simmons & Simmons until the end of 2007. There he developed his own Pension Law practice group. In 2009 he set up his own law firm “Veugelers Advocatuur”. He has provided advice and litigation for many years on matters relating to pension law and has been pension lawyer for several renowned international companies.
Roel is regularly requested to mediate in pension cases. He is editor of the “Pension Magazine” and frequently publishes articles on pension subjects. In addition he is a member of the Dutch Association of Pension Law and IPEBLA ( International Pension and Employee Benefits Lawyers Association). Roel has been lecturing on pension law for several years and is appointed as a deputy judge at the court of The Hague. In this function he is regularly requested to judge various cases
|Workshop 26: "Getting There from Here"
Coordinator and Discussion Leaders: Elizabeth Brown (Canada) Josee Dumoulin (Canada), Juan José Hita Fernández (Spain), Vincenzo Ferrante (Italy), Susan Philpott (Canada)
The road to convert a pension scheme from a pure defined benefit design to some kind of shared risk model (ranging from target benefit to jointly sponsored to defined contribution) is often a long and winding one. While some jurisdictions have created comprehensive regulatory regimes solely dealing with the process of converting pension assets/liabilities from DB to shared risk, others rely more on general legislative principles and the courts. What is clear is that, regardless of the jurisdiction and approach, there are many common issues that arise, including the role of unions and collective bargaining in the conversion/change process; member disclosure and representations; how “consent” factors into the process, including the principle of informed consent; the rights, entitlements, and perceptions of different stakeholders (active members, unionized versus non unionized, and retirees),specifically, how accrued benefits are treated; and best practices for identifying and mitigating litigation risk. In this session, each panelist will provide a unique perspective on the getting there from here, bearing in mind these common questions.
ELIZABETH BROWN (Coordinator) - Email: email@example.com
JOSEE DUMOULIN (Speaker) - Email: firstname.lastname@example.org
JUAN JOSÉ HITA FERNÁNDEZ (Speaker) - Email: email@example.com
Juan José Hita Fernández has a Degree in Law from the University of Barcelona (1995) and a Master's Degree in Human Resources Management at Centro de Estudios Financieros. He began his professional career as a labor adviser at the UGT Union in February 1994. He joined Gide & Loeff as an attorney in the Labor Department in November 1995, an office with which he collaborated until joining Clifford Chance in June 1999, where he assumes the responsibility of the labor department in Barcelona as a counsel until September 2010. At present, he is partner of FORNESA ABOGADOS.
VINCENZO FERRANTE (Speaker) - Email: firstname.lastname@example.org
Vincent Ferrante, professor of "Labor Law" at the Catholic University of Milan, also teaches in the same university "Social Security Law" and "Trade Union Law." Since 2003 he is the coordinator of the "Master in Consulting of work and personnel management" (MUCL) of the Faculty of Law of the University. Since November 1994 a lawyer by profession and was admitted to practice before the higher courts.
He is the author of over eighty essays, articles and notes published in the most important scientific journals. For his monograph "Power and self-protection in the employment contract" (Turin, 2004) he received the 2005 dall'AIDLASS (Italian Association of Labour and Social Security Law) the "Massimo D'Antona" award, for the best first work in the field of labor law. Recently published: "Timetables and working time", Naples, 2014 and "Management and Hierarchy in the enterprise (and in the public sector)", Milano, 2013. Thanks to the contribution of the law firm Daverio & Florio has also created the " European code of work "(Milan, 2009).
SUSAN PHILPOTT (Speaker) - Email: email@example.com
Workshop 27: "Is There a Third way Between DB and DC?"
Coordinator and Discussion Leaders:
Kees-Pieter Dekker (the Netherlands), Judith Donnelly (U.K), Angela Mazerolle (Canada), Jana Steele (Canada),
This session will look at:
KEES-PIETER DEKKER (Speaker) - Email: firstname.lastname@example.org
Kees-Pieter Dekker is a senior-associate pensions law at Clifford Chance LLP, Amsterdam. He holds a degree in law from Maastricht University School of law and was called to the bar in 2001. He has over 15 years of experience in pensions law and specializes in all aspects of pensions law, with a focus on the pensions aspects of mergers and acquisition, corporate restructuring and bankruptcy. He has written articles on pensions related subjects and has spoken frequently on (inter) national conferences on aspects of (Dutch) pensions law. Since May 2009 he is working on a doctorate on the prudential supervision of pension funds.
JUDITH DONNELLY (Speaker) - Email: email@example.com
Judith regularly advises institutional investors on the legal aspects of investing in hedge funds, private equity funds and infrastructure funds, employer-linked investments and asset-backed funding structures. She also has experience advising on the establishment of collaborative platforms for pension funds and other investors.
Judith sits on the board of the International Pension & Employee Benefits Lawyers Association and the investment sub-committee of the Society of Pensions Professionals.
ANGELA MAZEROLLE (Speaker) - Email: Angela.Mazerolle@fcnb.ca
Angela Mazerolle is the Superintendent of Pensions and the Superintendent of Insurance for the New Brunswick Financial and Consumer Services Commission. As Superintendent, she is responsible for the administration and enforcement of the New Brunswick Pension Benefits Act and the New Brunswick Insurance Act.
Angela has been involved for fifteen years in both the regulation of pension plans and policy development through her work with the Office of the Superintendent of Pensions. Angela played a key role in the development and legislative implementation of New Brunswick’s Shared Risk Pension Plan model in 2012. She took on the Superintendent of Insurance role in January 2013.
Angela is the Chair of the Canadian Association of Pension Supervisory Authorities (CAPSA), an inter-jurisdictional association of pension regulators whose mission is to facilitate an efficient and effective pension regulatory system in Canada. She is also a member and Vice Chair of the General Insurance Statistical Agency (GISA), and an active member of the Canadian Council of Insurance Regulators (CCIR), the Canadian Insurance Services Regulatory Organizations (CISRO), the Joint Forum of Financial Market Regulators, the International Pension & Employee Benefits Lawyers Association (IPEBLA), the Canadian Bar Association, and the Law Society of New Brunswick.
Angela received her Bachelor of Commerce degree (Honours - Economics) from Mount Allison University and her Bachelor of Laws degree from the University of Alberta.
JANA STEELE (Coordinator) - Email: firstname.lastname@example.org
Jana Steele is a partner in Osler’s Pensions & Benefits Group. Jana has provided advice on the conversion and implementation of the “Shared Risk Plan” pension model for several plans in the province of New Brunswick. She has significant expertise and experience regarding plan design, including innovative plan designs, such as shared risk and target benefit plans – and has written extensively on such plans. Jana also has extensive experience dealing with pensions and benefits in the context of corporate transactions. She is involved in providing advice with respect to both the establishment and the ongoing administration of pension plans. Jana advises on issues such as plan structure, governance, administration, compliance, trustee obligations, surplus matters, plan conversions, plan mergers, transfers and plan wind-ups. Jana also has experience dealing with pensions and benefits issues arising in insolvencies and corporate restructurings.
Jana’s clients have included universities, non-profit entities, governments, multinational corporations and multi-employer pension plans. In addition, she has significant transaction experience involving numerous publicly traded entities. Such transactions routinely involve pension plans with employees in numerous Canadian jurisdictions.
Jana is a past chair of the pensions and benefits executive of the Ontario Bar Association. She has been a guest lecturer at the University of Toronto Faculty of Law and Osgoode Hall Law school. Jana recently chaired an international pension lawyer conference in Brussels with the International Pensions and Employee Benefits Lawyers Association (IPEBLA). Jana is a deputy chair of the IPEBLA Steering Committee. Jana has also been a member of the FSCO Legal Advisory Committee since her appointment in 2009.