I have experience of a broad range of pension related matters, advising employers and trustees alike with a particular emphasis on finance and investment issues. This includes buy-ins and buy-outs, de-risking and advising on the legal aspects of scheme funding issues, including the use of contingent assets.

My advice includes making changes to pension benefits (including the closure of schemes to future accrual), liability management exercises including pension increase exchange and pre-retirement transfer exercises, as well as scheme mergers, demergers, and solvent and insolvent wind-ups. I also have significant expertise advising on the pensions aspects of corporate mergers, acquisitions and restructuring, dealing with Pensions Regulator clearance, section 75 debts, and apportionment and withdrawal arrangements.

I am also a leading industry figure for environmental, social and governance (ESG) investment issues and I am an authority and regular speaker and commentator on the integration of climate change into trustee investment decision making as well as TCFD reporting, stewardship and engagement issues.

I chair the Pensions Climate Risk Industry Group and sit on a number of high profile committees including recent PLSA working groups providing trustee guidance on ESG and implementation statements. I am a member of the Investment and Defined Contribution Sub-Committee of the Association of Pension Lawyers and a member of the legal panel to the Impact Investing Institute.

Recent experience

• assisting clients with the settlement of deferred and pensioner liabilities via buy-in and buy-out bulk annuity transactions
• advising Trustees on ESG matters in investment strategy and decision making, including consideration of fiduciary duties
• helping trustees create comprehensive responsible investment policies and reporting, including frameworks for engagement, exclusions and climate-risk reporting in line with the recommendations of the TCFD
• advising Trustees on DC investment issues, including the use of platform structures, asset security, changes to member funds and transition to DC master trusts
• advising on the merger and sectionalisation of pension schemes including complex structures involving flexible apportionment arrangements.

Qualified: 2003, England and Wales

Joined Sackers: 2003

Made partner: 2011

Testimonials

“Stuart is pragmatic and solution-oriented; he delivers succinct and helpful advice. He delivered good clear advice and made sure it worked for all stakeholders.” – Chambers UK CMI Report

“Main contact point was through Stuart O’Brien who was always able to provide a clear, concise explanation of technical pension subject matters to non-technical individuals.” – Legal 500

“Stuart led our pioneering analysis of the compatibility of pension trustee fiduciary duties and impact investing with characteristic thoroughness and creativity, while maintaining a focus on the end product.” Bella Landymore, Policy director, Impact Investing Institute