David Francis is a partner in A&L Goodbody's Pensions group and has more than 20 years' experience providing client focused solutions for high profile employers, trustees and pensions and investment service and product providers on all pension-related matters. His expertise ranges from the establishment of plans (including plan design, documentation, administration, compliance (most recently, in relation to the legal aspects of governance and risk management), investment and cross-border pension issues) through to providing strategic advice on funding, merging, pension benefit changes, liability management exercises, restructuring and winding up.
His expertise includes advising on the establishment of master trusts and cross-border pension arrangements, as well as participation in and transfers to and from such arrangements.
He has considerable experience in advising on the pension aspects of corporate mergers, acquisitions, re-organisations, flotations, outsourcing and privatisations. David also has particular expertise in advising on complex aspects of trust law.
David has extensive experience advising on the pension aspects of disputes and mediation including high-profile and high-value pensions' litigation before the courts, pension related disputes before the Workplace Relations Commission, the Labour Court as well as internal dispute resolution procedures and complaints before the Financial Services and Pensions Ombudsman.
Areas of Expertise
Pensions and Incentives/Pensions/Pensions Disputes & Investigations
Experience Advising:
- Founders on the establishment of a master trust as well as employers and trustees on participating in / transferring to and from such arrangements.
- Financial service providers and trustees in relation to legal issues in relation to plan investments as well as investment management and consultancy agreements and recently in relation to complex liability driven investments.
- Trustees and sponsors in relation to GDPR matters related to their pension plans.
- Employers and trustees of large defined benefit schemes on changes to scheme benefits, including stopping defined benefit accrual and providing defined contribution benefits for the future.
- Employers and trustees on liability reduction exercises, including enhanced transfer value exercises, pension increase exchange, scheme mergers, contingent assets and section 50 orders.
- Trustees of a large industry-wide defined benefit scheme with over 250 participating employers and in particular in relation to funding obligations.
- Employers and trustees in relation to cross-border issues for IORPS in the UK, Ireland and elsewhere and in relation to BREXIT and HMRC requirements.
- A number of large defined benefit and defined contribution schemes in relation to the Pensions Authority’s supervisory review process and other governance related matters arising from the transposition of the IORP II Directive and the Authority’s forward-looking risk-based approach.
- Purchasers, Vendors and Underwriters in relation to the pension aspects of acquisitions, sales, mergers, re-organisations, flotations, outsourcing and privatisations.
- Employers and trustees in relation to pension increase issues and obligations.
- Trustees and employers in relation to complex death benefit and pension adjustment order cases.
- Trustees of a large defined benefit scheme in relation to the successful settlement of a dispute with the scheme’s investment manager over a failure to complete instructions.
- Trustees of a large defined benefit scheme in relation to High Court litigation in respect of a significant scheme restructuring.
Market Recommendations
“Excellent technical lawyer – able to drill down to get to the heart of the legal point – but the ability to take a commercial approach when required.” (Legal500 2024)
“David is always available and always acts in the best interest of the client. He is amazing.” (Chambers Europe 2023)
‘Superb support -available at all times, always has best interest of client in mind.’ (Legal500 2023)
“Incredibly responsive service from David Francis.” (Legal500 2022)
Professional activities
David is ranked as a Leading Individual for Pensions and Employee Benefits by Legal500.
David is recognised as a Thought Leader and one of the world’s leading practitioners in the 'Who’s Who Legal: Thought Leaders Labour, Employment & Benefits 2024' report.
David was ranked first in the Top Ten Transformative Employment Pension Lawyers in Ireland in 2023 by the Business Today Lawyer Awards.
David was awarded 'Pensions & Benefits Lawyer of the Year for Ireland' at the Client Choice Awards in 2021 and 2022.
David is the author of the Thomson Reuter Practical Law Guide 'Regulation of State and Supplementary Pension Schemes in Ireland'.
David has featured in the Irish pensions trade press on several occasions and enjoys training and speaking on pensions matters. He is a member of the Council of the Association of Pension Lawyers in Ireland and is a member of the Association of Pensions Lawyers and the Pensions Management Institute in the UK.
Education
- Pension Trustee Practitioner, LIA
- Solicitor, Law Society of Ireland
- LLM, University of London, Queen Mary and Westfield College
- LLB, National University of Ireland, Galway
- BA, National University of Ireland, Galway
David Francis
Partner,
Pensions
Dublin