In general, an occupational pension scheme will be established by means of a trust deed and scheme rules. This is known as a trust-based scheme (but see 27.6.4). The trustees or scheme administrator will, scheme rules permitting, be able to pay death benefits to any person who falls within the class of discretionary beneficiaries set out in the scheme rules/trust deed. This will normally include the trustees of a separate independent trust.

A personal pension scheme can be constituted by a declaration of trust, a deed poll or a contract. Underlying this would be scheme rules and the document evidencing the member’s rights – normally a policy if the plan provider is a life office.

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