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Pension Scheme Trust Deed

Pension Scheme Trust Deed Template for India

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Pension Scheme Trust Deed

"Need a Pension Scheme Trust Deed for a technology company in Bangalore, establishing a new defined contribution scheme effective March 2025, with specific provisions for cryptocurrency investments and quarterly revaluation of units."

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Document background
The Pension Scheme Trust Deed is a foundational document used when establishing a formal pension arrangement in India, typically implemented by organizations looking to provide structured retirement benefits for their employees. This document is essential for compliance with Indian trust law and pension regulations, particularly the PFRDA Act 2013 and Indian Trusts Act 1882. It establishes the legal framework for the pension scheme, defining the relationships between employers, trustees, and beneficiaries, while setting out detailed provisions for contributions, investments, benefit payments, and scheme governance. The deed must incorporate specific requirements from Indian regulatory authorities and is crucial for organizations seeking to establish a compliant and well-governed pension arrangement.
Suggested Sections

1. Parties: Identifies the settlor/sponsor, trustees, and other key parties to the trust deed

2. Background: Sets out the context and purpose of establishing the pension scheme

3. Definitions: Defines key terms used throughout the deed

4. Establishment of the Scheme: Formal establishment of the trust and declaration of the trust property

5. Appointment and Removal of Trustees: Procedures for appointing, removing, and replacing trustees

6. Powers and Duties of Trustees: Comprehensive list of trustees' powers and responsibilities

7. Eligibility and Membership: Criteria for scheme membership and admission procedures

8. Contributions: Rules regarding contributions from employer and employees

9. Investment Powers: Trustees' investment powers and restrictions in line with PFRDA regulations

10. Benefits: Types of benefits payable and conditions for payment

11. Administration: General administrative provisions and record-keeping requirements

12. Amendments: Procedures for amending the trust deed and rules

13. Termination and Winding Up: Circumstances and procedures for scheme termination

14. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction

Optional Sections

1. Employer Covenant: Additional provisions regarding employer's financial support, used when enhanced security is required

2. Investment Committee: Establishment and rules of an investment committee, used for larger schemes

3. Member Communications: Detailed provisions about member communications, used for schemes with complex communication requirements

4. Dispute Resolution: Specific dispute resolution procedures, used when standard jurisdiction provisions are insufficient

5. Multiple Employer Provisions: Used when the scheme covers multiple participating employers

6. Death Benefits Discretion: Detailed provisions regarding trustee discretion in death benefits, used when scheme includes death benefits

7. Transfer Provisions: Detailed provisions for bulk transfers, used when scheme mergers are anticipated

Suggested Schedules

1. Schedule 1 - Scheme Rules: Detailed operational rules of the scheme

2. Schedule 2 - Contribution Rates: Details of contribution structures and rates

3. Schedule 3 - Benefit Calculations: Formulae and methods for calculating different types of benefits

4. Schedule 4 - Investment Guidelines: Detailed investment policies and restrictions

5. Schedule 5 - Trustee Appointment Procedures: Detailed procedures for trustee appointment and removal

6. Schedule 6 - Administrative Procedures: Detailed administrative and operational procedures

7. Appendix A - Forms: Standard forms for scheme administration

8. Appendix B - Actuarial Factors: Actuarial conversion factors for different benefit calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Actuary
Annuity
Applicable Law
Appointed Date
Beneficiary
Board of Trustees
Commutation
Contribution
Custodian
Deed
Defined Benefit
Defined Contribution
Effective Date
Eligible Employee
Employee
Employer
Financial Year
Fund
Fund Manager
Governing Body
Investment Guidelines
Member
Normal Retirement Age
Normal Retirement Date
Participating Employer
Pension
Pensionable Pay
Pensionable Service
PFRDA
Principal Employer
Professional Trustee
Registered Office
Retirement
Rules
Scheme
Scheme Administrator
Scheme Year
Service
Settlor
Spouse
Trust
Trust Deed
Trust Property
Trustee
Unit
Valuation Date
Vesting Date
Year of Service
Clauses
Establishment of Trust
Trustee Appointment
Trustee Powers
Trustee Duties
Investment Powers
Contribution Requirements
Membership Eligibility
Benefit Provisions
Death Benefits
Early Retirement
Late Retirement
Ill-Health Retirement
Transfer Rights
Valuation Provisions
Amendment Powers
Termination Rights
Administrative Provisions
Fund Management
Dispute Resolution
Compliance Requirements
Record Keeping
Actuarial Provisions
Member Communications
Confidentiality
Data Protection
Regulatory Reporting
Tax Compliance
Anti-Money Laundering
Force Majeure
Governing Law
Jurisdiction
Severability
Relevant Industries

Financial Services

Insurance

Banking

Professional Services

Manufacturing

Information Technology

Healthcare

Education

Public Sector

Energy

Infrastructure

Telecommunications

Relevant Teams

Legal

Human Resources

Finance

Compliance

Risk Management

Corporate Governance

Treasury

Compensation & Benefits

Employee Relations

Pension Administration

Relevant Roles

Chief Financial Officer

HR Director

Pension Scheme Manager

Compliance Officer

Legal Counsel

Trust Secretary

Benefits Manager

Finance Director

Risk Manager

Compensation & Benefits Manager

Treasury Manager

Corporate Governance Officer

Fund Administrator

Employee Relations Manager

Industries
Indian Trusts Act, 1882: Fundamental law governing the formation, management, and regulation of trusts in India, providing the basic framework for establishing and operating the pension trust
Pension Fund Regulatory and Development Authority Act, 2013: Primary legislation governing pension funds in India, establishing regulatory framework and operational guidelines for pension schemes
Income Tax Act, 1961: Contains provisions regarding tax treatment of pension funds, contributions, and benefits, particularly under sections 80C and 80CCD
PFRDA (National Pension System Trust) Regulations, 2015: Specific regulations governing the structure, operation, and management of pension trusts under the National Pension System
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952: Relevant for ensuring compliance with statutory retirement benefit requirements and coordination with other retirement schemes
Prevention of Money Laundering Act, 2002: Applicable for ensuring compliance with anti-money laundering provisions in pension fund operations
The Companies Act, 2013: Relevant if the trust involves corporate trustees or corporate contributions, governing corporate governance aspects
SEBI Regulations: Various regulations applicable to investment of pension funds in securities markets and related disclosure requirements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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