In some cases Trustees of schemes which are winding-up decide not to take out full Winding-Up insurance but there is a concern that a missing or overlooked beneficiary may emerge after the winding-up.
In this event OPDU can offer insurance for Missing Beneficiaries only for a maximum period of 15 years after the winding-up date. A maximum of £10m of cover is available.
What risks are covered?
OPDU Elite Winding-Up will pay the loss a past trustee is legally obliged to pay as a result of a wrongful act in relation to the named pension scheme(s) as a result of a person with a valid claim to benefits emerging after the scheme has wound-up.
The policy will provide costs to defend a claim and where the claim is admitted, the cost of providing that benefit.
Who is covered?
- Past trustees
- A corporate trustee company
- Lawful spouses, estates, heirs or legal representatives of past trustees or employees in the event of death, incapacity, insolvency or bankruptcy
- Any other natural person or entity who acted as trustee as attached by specific written endorsement.
Who is included in the definition of trustee?
Any natural person, including a director or officer of a corporate trustee company, who was appointed as a trustee.
What is included in the definition of corporate trustee company?
Any company appointed to act as a trustee, regardless of whether that company was a subsidiary or not of the sponsoring employer company.
What constitutes a claim?
- A written demand alleging legal liability
- A civil or arbitral proceeding
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