In concluding that the rule in Saunders v. Vautier can be applied to a modern pension trust, I am aware that complicated questions of execution not experienced in connection with the extinguishment of an ordinary trust will arise. The very fact that pension plans may have hundreds, or even thousands, of members is likely to make it almost impossible in most cases for the rule to be invoked. Where the agreement of all beneficiaries is obtained, the logistical difficulties of distribution of the trust assets may well necessitate the exercise of some supervisory powers by a court or, where the statutory jurisdiction exists, by appropriate governmental authorities. However, there was no evidence before the court below that the complexities would as a matter of principle negate the applicability of the rule in Saunders v. Vautier to a modern pension trust. DOES THE RULE APPLY TO THE PREMIER TRUST? The Position of the Employer
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