77. Mr Mitchell asserts that there is a crucial difference between the Barclays case and Kemble in that the C Plan is a contributory plan and that members' contributions over the last 10 years amount to approximately 30% of db contributions. Another difference he believes to be salient is that in the Barclays case the Trustee had a discretion over an excess arising on winding-up whereas in the Scheme, the entire surplus belongs to db members.

There is another difference.  The regulations are more permissive about use of surplus if the company has provided retirees a prescribed level of protection against inflation.  Barclays had provided this level and IBM was well short.  (Must be somewhere in the determination??)