Matt Wardman writes
I crashed into the former SPCK Bookshop story when it became a Free Expression issue back in July after watching with interest since the previous December, and since then I have become simply horrified at what has gone on and how staff, suppliers, the authorities and everyone have been treated with contempt by this pair of Shysters J Mark Brewer and Philip Brewer.
Below is an article from me attempting to help current and ex-staff members get in touch to give the Pensions’ Board the information needed. I am posting it here because the Wardman Wire has a prominence in search engines which is currently greater than the SPCK/SSG News and Information blog. It will be reproduced on the News blog on Monday.
The Brewers’ various corporate vehicles – of which the key one is the Society of St Stephen the Great Charitable Trust – have simply not been responding to requests to supply information about the status of staff pensions, which is itself an entirely contemptible and despicable course of action. Further, there are very real questions about whether the monies that were deducted from staff salaries as “pension contributions” were ever in fact even passed on to the Pensions’ Bodies.
SPCK Staff and ex-Staff Pensions
This is my interpretation, and not an official statement from any of the organisations involved. However, I am told that it highlights some current key issues accurately.
“I’m not claiming be an expert, but this is how I understand some of the issues around pensions. I am not a lawyer, but I hope these comments may help. Among the problems that the Church of England Pensions’ Board are likely to be facing are these:
Eligibility for the Church Workers’ Pension Fund
Eligibility for membership of the Church Workers’ Pension Fund (who manage the SPCK scheme) depends on the potential member being employed by a “Church of England Body”. The SPCK itself counts as such a body. The Society of St Stephen the Great Charitable Trust counted as such a body while the SPCK had the right to appoint a representative to the board of the body. Even after the Bishop of Gloucester and Simon Kingston resigned from the Board of Trustees due to conflicts of interest that “right” persisted.
When employees were transferred to other bodies/business entities (such as ENC Ltd and the companies running Durham and Chichester Shops), where SPCK did not have the right to be represented, therefore eligibility for membership of the Church Workers’ Pension Fund probably ceased at that point.
It is a further problem that it is in dispute when and whether such transfers happened, and what role was played by the St Stephen the Great Company Limited by Guarantee, whether any employees were transferred to THAT entity, when that was done, and whether employees of that entity would be eligible for Pension Fund Membership – bearing in mind that it was the *parent* charity, rather than the *daughter* charity, of the Saint Stephen the Great Charitable Trust.
In the attempt to make “St Stephen the Great LLC” bankrupt in the South Texas Bankruptcy Court, J Mark Brewer submitted documentation showing an unpaid debt to the Church of England Pensions’ Board for a sum of $13396.78. That may be money that employees think has gone to their pensions which has in fact gone to Brewer and Pritchard in “Legal Fees” or to the “Orthodox Church/Christian Mission Fund”, or elsewhere.
If those contributions have not reached the Church of England Pensions’ Board, then – unless they are told – they have no way of working out the relevant entitlement, or hypothetical entitlement (depending on whether the employee was working for an eligible organisation or not).
When they come to work it all out, they will have to make sensible assumptions given a very difficult set of circumstances and probably no one at all is going to be absolutely happy.
The Information needed by the Pensions’ Board
So they need as much information about each and every member of staff worked for SPCK or the other entities, when and what pension contributions have been made or are supposed to have been made.
That kind of information is things like – for example – the names of organisation paying payslips etc as well as deductions from salary.
Additional Voluntary Contributions
AVC’s (Additional Voluntary Contributions) are run by many pension schemes as a means whereby employees can boost their retirement income. The pension fund agrees to the payment and the amount (as there’s a government regulation on how much top up there can be) then the employer makes a deduction from payroll each month. This is shown as a separate deduction on the payslip and is sent to the Pension Provider as a separate payment.
Staff sending information to the Board should certainly advise of AVC payments because if these have not been passed on that really is theft as the money was taken each month from net pay.”
The Brewers’ offence is compounded bv the treatment of staff and the $1.5 million that has been admitted to have not been paid to creditors for goods supplied – while J Mark Brewer and Phil Brewer themselves extracted more than $750,000 from the same organisation at the same time – mean that this is not merely a game of leapfrog.
These admissions were made in the documents the attempted Bankruptcy Submission in Texas by J Mark Brewer, with the following statement (PDF, 1Mb) attached:
“I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct to the best of my knowledge, information and belief”.
This submission itself was later admitted by J Mark Brewer to be in Bad Faith (PDF 150k):
after the Trustee in Bankruptcy (public official) had Accused J Mark Brewer of perpetrating a Fraud on the Court (PDF 700k).
We encourage everyone who has posted about the closing down of CartoonChurch’s reporting, or taken an interest in the SPCK story, to review developments and publish a suitable end of year post – linking back to the News and Information Blog.