Technical director David Trenner says the scheme trustees should be worried about claims from other members of the pension scheme.
He says: “This whole saga highlights a possible failure on the part of the scheme trustees to consider the position of all beneficiaries under the scheme apart from Goodwin. All pension schemes are written under a discretionary trust and governed by a trust deed and rules, and these will not allow the employer in isolation to augment a member’s pension, they must obtain the agreement of the trustees and the scheme actuary.
“It seems certain that these agreements were obtained as otherwise the trustees could be personally liable for the cost of the augmentation. It also seems likely that Government advisers did not know about the need to obtain these agreements as otherwise they would have asked to see the minutes of the relevant trustees meeting.
“So just as Goodwin seems to have failed in his due diligence investigations of ABN Amro, so too the Government has failed in its due diligence investigations into RBS. And the RBS pension trustees must be seriously worried about claims from other members should the pension scheme fail at any point in the near future.”