The settlor in relation to a discretionary trust created over
death benefits (
IHTM17030) when the member first joined
the scheme is the member themselves.
The settlor is considered to be the member even in the case
of a non contributory scheme. The reason for this is that pension
benefits and rights are the product of sums paid into the pension
fund by the employer as deferred or delayed remuneration for the
employee’s current work (see
Parry v Cleaver [1970] AC 1 and
The Halcyon Skies [1976] WLR 514).
