Private Pensions


This cross-cutting theme is now closed for comments.

You can read comments made since the start of the Red Tape Challenge in April 2011 below.

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These regulations include duties relating to occupational pension schemes, which are normally set up by an employer (known as the sponsoring employer) to provide a pension for employees.

This sub-category previously included duties on automatic enrolment. With automatic enrolment due to start in October 2012 it is extremely difficult to make changes to the legislation so close to the start-date. Many of our major stakeholders have made it clear that it is absolutely imperative that we now provide certainty over the legal framework underpinning the reforms. In this context, the Red Tape Challenge is not an appropriate vehicle to revisit these regulations. We have developed a full evaluation process that includes an assessment of the burden on business so that the programme can be monitored and inform post-implementation reviews of our regulatory approach to ensure it remains fit for purpose.

You can find all the regulations that relate to private pensions below to the left. View the main Pensions page here.

The Occupational Pension Schemes (Cross-border Activities) Regulations 2005

These Regulations make provision relating to the carrying out by the Pensions Regulator of its functions in relation to cross-border activity within the European Union by occupational pension schemes and their trustees or managers, or by European pensions institutions

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EU regulation

The Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005

These Regulations implement the requirements in Directive 2003/41/EC relating to occupational pension schemes where the scheme itself, rather than an employer, covers any liability for risks linked to death, disability or longevity, guarantees any investment performance, or guarantees to provide defined benefits. Such schemes must have additional assets above their technical provisions, to be no less than a minimum level specified in the Regulations.

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EU regulation

The Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations 2005

Prescribe description of schemes exempt from the requirement in Pensions Act 2004 ( that trustees or managers of an occupational pension scheme with its main administration in the United Kingdom must not accept funding payments unless the scheme is established under irrevocable trust. Also prescribe description schemes exempt from requirement in Pensions Act 2004 that an occupational pension scheme with its main administration in the United Kingdom must be limited to retirement-benefit activities

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Domestic

The Pension Schemes (Categories) Regulations 2005

provide for certain pension schemes to fall within the definition of “occupational pension scheme” in section 1(1) of the Pension Schemes Act 1993. They also provide that certain stakeholder pension schemes which are occupational pension schemes are to be treated as personal pension schemes.

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Domestic

The Occupational Pension Schemes (Disclosure of Information) Regulations 1996

These Regulations specify what information occupational pension schemes must provide to members or prospective members, beneficiaries and trade unions.

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Domestic EU

The Personal Pension Schemes (Disclosure of Information) Regulations 1987

Makes provision for the disclosure of information in relation to pension schemes

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Domestic

The Divorce etc. (Notification and Treatment of Pensions) (Scotland) Regulations 2000

These Regulations make provision with respect to the supply of information under section 12A of the Family Law (Scotland) Act 1985 about court orders for payment of pension lump sums where parties divorce or their marriage is declared to be null.

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Domestic

The Occupational and Personal Pension Schemes (Bankruptcy) (No. 2) Regulations 2002

These Regulations make provision for the treatment of rights under certain pension arrangements in the event of a person’s bankruptcy

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Domestic

The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

These Regulations prohibit the making of certain changes to occupational or personal pension schemes unless consultation about the change is carried out beforehand

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Domestic EU

The Occupational Pension (Revaluation) Order 1986

This Order specifies the percentages by which benefits under occupational pension schemes are required to be revalued for revaluation periods from 1st January 1986 to 31 December 1986.

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Domestic

The Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997

These Regulations set out exceptions to the provisions in sections 91-94 Pensions Act 1995 regarding the inalienabilityand forfeiture of pension rights.

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Domestic

The Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations 2006

These Regulations modify sections 259 and 261 of the Pensions Act 2004 (c. 35) in their application to occupational pension schemes in relation to which there is more than one employer. Sections 259 and 261 already enable regulations to be made which apply to any person who is the trustee or manager of an occupational pension scheme. The modifications made by these Regulations enable regulations made under those sections to extend to any other person who has power to make decisions in relation to a multi-employer scheme.

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Domestic EU

The Occupational Pension Schemes (Early Leavers: Cash Transfer Sums and Contribution Refunds) Regulations 2006

These Regulations make provision for the calculation and verification of the cash transfer sum, including payment of interest, to a member who leaves after 3 months pensionable service in an occupational pension scheme which might be used to acquire rights under another occupational pension scheme or personal pension scheme or to payment of a refund of the member’s employee contributions

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Domestic

The Occupational Pension Schemes (Indexation)Regulations 1996

These Regulations set out indexation requirements for pension rights in an occupational scheme which derive from the acceptance of a transfer payment made by an occupational pension scheme or an insurance policy or annuity contract, before 5th April 2005 and on or after 6th April 2005.

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Domestic

The Occupational Pension Schemes (Internal Controls) Regulations 2005

These Regulations amend section 249A of the Pensions Act 2004 to implement the requirement Directive 2003/41/EC that the trustees or managers of an occupational pension scheme must have adequate internal control mechanisms.

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Domestic EU

The Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008

Makes provision about the way disputes involving the trustees or managers of occupational pension schemes are resolved.

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Domestic

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006

These Regulations make provision in relation to member-nominated trustees and directors under sections 241 and 242 of the Pensions Act 2004 including prescribing the type of schemes that are exempt from the minimum proportion requirements and making transitional provision for schemes with existing requirements

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Domestic

The Occupational Pension Schemes (Modification of Schemes) Regulations 2006

These Regulations prescribe certain requirements which must be met where an occupational pension scheme is modified and where the subsisting rights provisions in sections 67 to 67I of the Pensions Act 1995 apply and require that modifications to which they apply must either comply with the consent requirements or the actuarial equivalence requirements, as well as, the trustee approval and reporting requirements. These Regulations also enable trustees, in prescribed circumstances, to modify a trust scheme by way of a resolution

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Domestic

The Occupational Pension Schemes (Non-European Schemes Exemption) Regulations 2008

Creates limited exemptions to the general rule that employers can only pay into trust based occupational pension schemes with a UK based trustee where that scheme’s main administration is outside the EEA states.

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Domestic

The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991

These Regulations consolidate, with amendments, Regulations relating to the preservation of benefits under occupational pension schemes

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Domestic

The Occupational Pension Schemes (Public Service Pension Schemes) Regulations 1978

Specifies certain occupational pension schemes that are to be treated as public service pension schemes.

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Domestic

The Occupational Pension Schemes (Public Service Pension Schemes) Regulations 2009

Provides that the Scottish Parliamentary Pension Scheme and the First Minister and Providing Officer Pension Scheme are public service pension schemes.

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Domestic

The Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996

These Regulations make provision in respect of documents which the trustees or managers of an occupational pension scheme must obtain.

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Domestic

The Occupational Pension Schemes (Revaluation) Regulations 1991

These Regulations relate to the revaluation of short service benefits for people who leave their pension scheme before pension age

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Domestic

The Occupational Pension Schemes (Scheme Administration) Regulations 1996

These Regulations set out various requirements in respect of the administration of occupational pension schemes.

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Domestic

The Occupational Pension Schemes (Transfer Values) Regulations 1996

These Regulations set out requirements for schemes in relation to the right to a cash equivalent, the calculation of transfer values, and the acceptance of a transfer value from another scheme.

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Domestic

The Occupational Pension Schemes (Trustees’ Knowledge and Understanding) Regulations 2006

These regulations exempt trustees of small schemes and certain newly appointed trustees from the some of the requirements set out in Sections 247 and 248 of the Pensions Act 2004 (c. 35) that trustees of occupational pension schemes must satisfy to properly exercise their functions as trustees

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Domestic

The Occupational Pension Schemes (Validation of Rule Alterations) Regulations 1998

These Regulations provide for the retrospective validation by the Secretary of State of alterations made prior to 6th April 1997 to the rules of contracted-out occupational pension schemes and certain schemes which have ceased to be contracted-out.

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Domestic

The Occupational Pensions (Revaluation ) Order 1988

Specifies the revaluation percentages for the revaluation of benefits under occupational pension schemes in the year beginning 1998

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Domestic

The Occupational Pensions (Revaluation) Order 1987

Specifies the revaluation percentages for the revaluation of benefits under occupational pension schemes in the year beginning 1997

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Domestic

The Occupational Pensions (Revaluation) Order 1989

This Order specifies the percentages by which benefits under occupational pension schemes are required to be revalued for revaluation periods from 1st January 1986 to 31 December 1989.

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Domestic

The Occupational Pensions (Revaluation) Order 1990

This Order specifies the percentages by which benefits under occupational pension schemes are required to be revalued for revaluation periods from 1st January 1986 to 31 December 1990.

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Domestic

The Occupational Pensions (Revaluation) Order 1991

This Order specifies the percentages by which benefits under occupational pension schemes are required to be revalued for revaluation periods from 1st January 1986 to 31 December 1991.

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Domestic

The Occupational Pensions (Revaluation) Order 1992

This Order specifies the percentages by which benefits under occupational pension schemes are required to be revalued for revaluation periods from 1st January 1986 to 31 December 1992.

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Domestic

The Occupational Pensions (Revaluation) Order 1993

Specifies the revaluation percentages relevant to the revaluation of benefits under occupational pension schemes for the revaluation year beginning on 1st January 1993, as required by section 52B of, and Schedule 1A to, the Social Security Pensions Act 1975.

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Domestic

The Occupational Pensions (Revaluation) Order 1994

This Order specifies the percentages by which benefits under occupational pension schemes are required to be revalued for revaluation periods from 1st January 1986 to 31 December 1994.

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Domestic

The Occupational Pensions (Revaluation) Order 1995

This Order specifies the revaluation percentages for the revaluation of benefits under occupational pension schemes in the year beginning on 1st Janaury 1995.

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Domestic

The Occupational Pensions (Revaluation) Order 1996

This Order specifies revaluation percentages for the purpose of the revaluation between 1st January 1996 and 31st December 1996 of benefits under occupational pension schemes.

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Domestic

The Occupational Pensions (Revaluation) Order 1997

The Order specifies the revaluation percentages relevant to the revaluation of benefits under occupational pension schemes, in the revaluation year beginning 1st January 1997

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Domestic

The Occupational Pensions (Revaluation) Order 1998

The Order specifies the revaluation percentages relevant to the revaluation of benefits under occupational pension schemes, in the revaluation year beginning 1st January 1998.

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Domestic

The Occupational Pensions (Revaluation) Order 1999

The Order specifies the revaluation percentages relevant to the revaluation of benefits under occupational pension schemes, in the revaluation year beginning 1st January 1999.

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Domestic

The Occupational Pensions (Revaluation) Order 2000

This Order specifies revaluation percentages for the purpose of the revaluation on or after 1st January 2001 of benefits under occupational pension schemes

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Domestic

The Occupational Pensions (Revaluation) Order 2001

This Order specifies revaluation percentages for the purpose of the revaluation on or after 1st January 2002 of benefits under occupational pension schemes, as required by section 84 of, and Schedule 3 to the Pension Schemes Act 1993.

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Domestic

The Occupational Pensions (Revaluation) Order 2002

This Order specifies revaluation percentages for the purpose of the revaluation on or after 1st January 2003 of benefits under occupational pension schemes, as required by section 84 of, and Schedule 3 to the Pension Schemes Act 1993.

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Domestic

The Occupational Pensions (Revaluation) Order 2003

This Order specifies revaluation percentages for the purpose of the revaluation on or after 1st January 2005 of benefits under occupational pension schemes, as required by section 84 of, and Schedule 3 to the Pension Schemes Act.

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Domestic

The Occupational Pensions (Revaluation) Order 2004

This Order is made, as required by paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, in the year beginning 1st January 2004 and specifies revaluation percentages for the purpose of the revaluation on or after 1st January 2005 of benefits under occupational pension schemes

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Domestic

The Occupational Pensions (Revaluation) Order 2005

This Order specifies revaluation percentages for the purpose of the revaluation on or after 1st January 2006 of benefits under occupational pension schemes, as required by section 84 of, and Schedule 3 to the Pension Schemes Act. No link to consolidated legislation.

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Domestic

The Occupational Pensions (Revaluation) Order 2008

Specifies the revaluation percentages for the purpose of the revaluation on or after 1st January 2009 of benefits under occupational pension schemes, as required by section 84 of, and Schedule 3 to, the Pension Schemes Act 1993.

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Domestic

The Occupational Pensions (Revaluation) Order 2009

Specifies the percentages used for revaluing benefits under occupational pension schemes on or after 1st January 2010. (No link to consolidated version.)

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Domestic

The Occupational Pensions (Revaluation) Order 2010

Specifies the percentages used for revaluing benefits under occupational pension schemes on or after 1st January 2011.

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Domestic

The Pension Sharing (Implementation and Discharge of Liability) Regulations 2000

These Regulations provide for the circumstances in which the implementation period for discharging liability for a pension credit may be extended, postponed or in which it may cease, and how a person responsible for a pension arrangement may discharge his liability in respect of a pension credit.

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Domestic

The Pension Sharing (Pension Credit Benefit) Regulations 2000

These Regulations provide for the requirements relating to, and the indexation of, pension credit benefit under an occupational or personal pension scheme.

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Domestic

The Pension Sharing (Valuation) Regulations 2000

These Regulations specify the types of pension rights which are not subject to pension sharing, and make provision for the calculation and verification of cash equivalents for the purpose of creating pension debits and credits.

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Domestic

The Pensions on Divorce etc. (Charging) Regulations 2000

These Regulations set out the circumstances in which a person responsible for a pension arrangement may recover charges in respect of the provision of information in connection with pensions on divorce, separation or nullity, complying with an earmarking or attachment order, or in connection with pension sharing activity.

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Domestic

The Pensions on Divorce etc. (Pension Sharing) (Scotland) Regulations 2000

These Regulations make provision with respect to pension-sharing in Scotland, under the Welfare Reform and Pensions Act 1999, where parties divorce or their marriage is declared to be null.

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Domestic

The Pensions on Divorce etc. (Provision of Information) Regulations 2000

These Regulations set out the requirements imposed on a person responsible for a pension arrangement with respect to the supply of information to members and their spouses (or former spouses) in relation to pensions on divorce, separation or nullity.

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Domestic

The Personal Pension Schemes (Payments by Employers) Regulations 2000

These Regulations make provision concerning the monitoring of employers’ payments to personal pension schemes under section 111A of the Pension Schemes Act 1993

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Domestic

The Personal Pension Schemes (Transfer Values) Regulations 1987

Makes provision in relation to personal pension schemes for the calculation and verification of cash equivalents

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Domestic

The Sharing of State Scheme Rights (Provision of Information and Valuation) (No. 2) Regulations 2000

These Regulations make provision in connection with the sharing, on divorce or nullity of marriage, of rights to the additional pension component of a state retirement pension.

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Domestic

The Transfer of Employment (Pension Protection) Regulations 2005

These Regulations concern the obligations of an employer towards an employee who becomes the employee of a new employer by virtue of a TUPE transfer and who had accrued rights in relation to an occupational pension scheme immediately before the transfer.

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Domestic EU

The Pensions Regulator (Freezing Orders and Consequential Amendments) Regulations 2005

These regulations amend certain time limits imposed on trustees of pension schemes if a freezing order has been imposed.

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Domestic

The Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulory Membership) Regulations 1987

Creates exemptions to the provisions of section 160 of the Pension Schemes Act 1993 which provides that certain terms of contracts of service or schemes restricting choice are void

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Domestic

The Occupational Pension Schemes (Managers) Regulations 1986

Specify who are to be treated as the managers of certain occupational pension schemes for the purposes of disclosure of information to members and other specified persons.

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Domestic

The Pensions Regulator (Delegation of Powers) Regulations 2009

Enables the Pensions Regulator to authorise certain persons to exercise functions on its behalf.

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Domestic

The Guaranteed Minimum Pensions Increase (No.2) Order 1991

This Order specifies 3 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax year 1988-89 and subsequent years and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 1990

This Order specifies 3 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax year 1988-89 and subsequent years and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 1991

This Order specifies 3 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax year 1988-89 and subsequent years and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 1993

This Order specifies 3 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax year 1988—89 and subsequent years and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 1994

This Order specifies 1.8 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax year 1988-89 and subsequent years and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 1995

This Order specifies 2.2 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax year 1988-89 and subsequent years and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 1996

The Order specifies 3 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax year 1988-89 and subsequent years and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 1997

This Order specifies 2.1 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988-89 to 1996-97 and payable by occupational pension schemes is to be increased

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Domestic

The Guaranteed Minimum Pensions Increase Order 1998

The Order specifies 3 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988–89 to 1996–97 and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 1999

This Order specifies 3 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988–89 to 1996–97 and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 2000

This Order specifies 1.1% as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988–89 to 1996–97 and payable by occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 2002

This Order specifies the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988–89 to 1996–97 and payable by contracted-out, defined benefit occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 2003

This Order specifies the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988-89 to 1996-97 and payable by contracted-out, defined benefit occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 2004

This Order specifies the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988-89 to 1996-97 and payable by contracted-out, defined benefit occupational pension schemes is to be increased

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Domestic

The Guaranteed Minimum Pensions Increase Order 2006

This Order the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988-89 to 1996–97 and payable by contracted-out, defined benefit occupational pension schemes is to be increased

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Domestic

The Guaranteed Minimum Pensions Increase Order 2007

This Order specifies 3 per cent. as the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988-89 to 1996-97 and payable by contracted-out, defined benefit occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 2008

Specifies the percentage by which a guaranteed minimum pension attributable to earnings in certain years, payable by contracted-out, defined benefit occupational pension schemes, is to be increased

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Domestic

The Guaranteed Minimum Pensions Increase Order 2009

Specifies the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1988-89 to 1996-97 and payable by contracted-out defined benefit occupational pension schemes is to be increased.

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Domestic

The Guaranteed Minimum Pensions Increase Order 2011

Specifies the percentage by which that part of any guaranteed minimum pension attributable to earnings factors for the tax years 1998/89 to 1996/97 and payable by contracted-out defined benefit occupational pension schemes is to be increased.

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Domestic

The Social Security (Minimum Contributions to Appropriate Personal Pension Schemes) Order 1996

This Order specifies the appropriate age-related percentages of earnings payable as minimum contributions in respect of members of appropriate personal pension schemes for the tax years 1997/8 to 2001/2.

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Domestic

The Social Security (Minimum Contributions to Appropriate Personal Pension Schemes) Order 1998

This Order specifies the appropriate age-related percentages of earnings payable as minimum contributions in respect of members of appropriate personal pension schemes for tax years 1999/2000 to 2000/1, and amends the previous 1996 Order to restrict its application to the tax years 1997–98 and 1998–99.

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Domestic

The Social Security (Minimum Contributions to Appropriate Personal Pension Schemes) Order 2001

This Order specifies the appropriate age-related percentages of earnings payable as minimum contributions in respect of members of appropriate personal pension schemes for the tax years 2002/3 to 2006/7.

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Domestic

The Social Security (Reduced Rates of Class 1 Contributions and Rebates) (Money Purchase Contracted-out Schemes) Order 1996

This Order specifies the appropriate flat-rate percentage and the appropriate age-related percentages in respect of members of money purchase contracted-out schemes for the tax years 1997/8 to 2001/2.

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Domestic

The Social Security (Reduced Rates of Class 1 Contributions) (Salary Related Contracted-out Schemes) Order 1996

This Order specifies with effect from 6th April 1997 the contracted-out percentages to be deducted from primary and secondary Class 1 contributions in respect of members of salary related contracted-out schemes.

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Domestic

The Social Security (Reduced Rates of Class 1 Contributions) (Salary Related Contracted-out Schemes) Order 2001

This Order alters with effect from 6th April 2002 the contracted-out percentage to be deducted from secondary Class 1 contributions in respect of members of salary related contracted-out pension schemes

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Domestic

The Social Security (Reduced Rates of Class 1 Contributions, and Rebates) (Money Purchase Contracted-out Schemes) Order 1998

This Order specifies the appropriate flat-rate percentage and the appropriate age-related percentages in respect of earners who are members of money purchase contracted-out pension schemes for the tax years 1999/2000 to 2000/1, and amends the previous 1996 Order to restrict its application to the tax years 1997–98 and 1998–99.

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Domestic

The Social Security (Reduced Rates of Class 1 Contributions, and Rebates) (Money Purchase Contracted-out Schemes) Order 2001

This Order specifies the appropriate flat-rate percentage and the appropriate age-related percentages in respect of earners who are members of money purchase contracted-out pension schemes for the tax years 2002/3 to 2006/7

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Domestic

The Social Security (Reduced Rates of Class 1 Contributions, Rebates and Minimum Contributions) Order 2006

This Order specifies for members of pension schemes which are contracted-out of the state additional pension: the percentages to be deducted from primary and secondary Class 1 NI contributions, the appropriate flat-rate percentage and the appropriate age-related percentage for members of money purchase contracted-out pension schemes and the appropriate age-related percentages of earnings payable as minimum contributions in respect of members of appropriate personal pension schemes.

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Domestic

The Occupational Pension Schemes (Investment) Regulations 2005

The Regulations impose requirements on trustees of occupational pension schemes in relation to the statement of investment principles required under section 35 of the 1995 Act and in relation to the choosing of investments. They impose restrictions on borrowing and the giving of guarantees by trustees and in respect of employer-related investments. They include provisions to implement certain requirements of the Directive 2003/41EC imposing restrictions on the investment activity of trustees and other third parties when investing scheme assets.

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Domestic EU

The Stakeholder Pension Schemes Regulations 2000

These Regulations make provision in connection with stakeholder pension schemes introduced by Part I of the Welfare Reform and Pensions Act 1999, including requirements which must be complied with as a condition of its being a stakeholder pension scheme.

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Domestic

The Occupational and Personal Pension Schemes (General Levy) Regulations 2005

Make provision for the imposition of the general levy for the purpose of meeting the cost of the Pensions Ombudsman, the Regulatory Authority, grants made by the Regulatory Authority to advisory bodies, and the scheme for legal assistance in connection with proceedings before the Pensions Regulator Tribunal.

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Domestic

The Occupational Pension Schemes (Independent Trustee) Regulations 2005

Make provision about the trustee register to be compiled and maintained by the Pensions Regulator, and further provision about independent trustees

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Domestic

The Register of Occupational and Personal Pension Schemes Regulations 2005

These Regulations make provision about the register of occupational and personal pension schemes such as which schemes are registerable and what information must be registered.

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Domestic EU

The County Court (Pensions Ombudsman) (Enforcement of Directions and Determinations) Rules 1993

Make provision for decisions taken by the Pensions Ombudsman to be enforceable in the County Court

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Domestic

The Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules 1995

These Rules make provision as to the procedure to be followed where a complaint or dispute relating to an occupational or personal pension scheme is referred to the Pensions Ombudsman under Part X of the Pension Schemes Act 1993.

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Domestic

The Personal and Occupational Pension Schemes(Pensions Ombudsman) Regulations 1996

Make provision about the juridiction of the Pensions Ombudsman in relation to specific schemes and cases in specified circumstances, set time limits for complaints and set the rate of interest when scheme benefits required to be paid by the Ombudsman are late in being paid.

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Domestic

The Occupational Pension Schemes (Levies) Regulations 2005

Impose the administration levy, the initial levy and the PPF Ombudsman levy provided for in sections 117, 174 and 209 respectively of the Pensions Act 2004

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Domestic

The Occupational Pension Schemes (Payments to Employer) Regulations 2006

These Regulations prescribe the circumstances in which, and the extent to which, payments may be made from certain pension schemes to the employer in relation to that scheme

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Domestic

The Occupational Pension Schemes (Scheme Funding) Regulations 2005

Together with provisions in Part 3 of the Pensions Act 2004 (which introduced more flexible scheme-specific funding requirements and under which schemes are subject to a statutory funding objective to hold sufficient and appropriate assets to cover their technical provisions) these Regulations implement the funding requirements in article 16 of European Union Directive 2003/41/EC for defined benefit occupational pension scheme

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Domestic EU

The Occupational Pension Schemes (Winding up etc.) Regulations 2005

These Regulations explain what happens when an occupational pension scheme winds up. In particular they provide for the priority in which liabilities should be met from scheme assets and for the way the scheme wind-up works with the Pension Protection Fund.

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Domestic

The Occupational Pension Schemes (Winding Up Notices and Reports etc.) Regulations 2002

These Regulations are designed to speed up the winding up of occupational pension schemes and supplement provisions in the Pensions Act 1995.

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Domestic

The Occupational Pension Schemes (Winding Up) (Modification for Multi-employer Schemes and Miscellaneous Amendments) Regulations 2005

These Regulations modify the position under the Pensions Act 1995 where an occupational pension scheme that has more than one employer or has had more than one employer at any time since 6th April 2005 and whose rules do not provide for the partial winding up of the scheme if it is being wound up

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Domestic

The Occupational Pension Schemes(Winding Up) Regulations 1996

These regulations concern the application of the statutory priority order set out in section 73 of the Pensions Act 1995 (“the Act”); the ways in which the trustees can be treated as having discharged their liabilities in respect of scheme members under section 74 of the Act and the cases in which the statutory power to defer winding up under section 38 of the Act is not to apply.

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Domestic

The Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1996

These Regulations concern the treatment under section 75 of the Pensions Act 1995 (c. 26) of a deficit in the assets of occupational pension schemes as a debt owed by the employer to the trustees or managers of the scheme.

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Domestic

The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2008

Amendment of various existing S.I.s in relation to the amount of debt an employer may have to pay when they leave a salary-related occupational pension scheme. Makes transitional amendments and gives the Pensions Regulator new functions. These amending regs also introduced requirements on scheme apportionment arrangements and the period of grace

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Domestic

The Occupational Pension Schemes (Employer Debt etc.) (Amendment) Regulations 2005

Amendment of various existing S.I.s in relation to the amount of debt an employer may have to pay when they leave a salary-related occupational pension scheme. These amending regs provided that the debt had to be calculated on the basis of full buy out. But as an alternative, a withdrawal arrangement could be put in place.

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Domestic

The Occupational Pension Schemes (Employer Debt) Regulations 2005

Sets out requirements for employers who leave a salary-related occupational pension scheme which is under-funded to pay a debt to the scheme. In particular, provides for the level of debt, ways in which someone other than the employer can be responsible for the debt and the effect of a debt arising.

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Domestic

The Judicial Pensions (Election against Benefits) Regulations 2003

The effect of these Regulations is to allow a holder of judicial office to elect not to receive benefits under the judicial pension schemes, whether or not he becomes a member of a personal pension scheme, and without the need to notify the appropriate Minister of the identity of any personal pension scheme of which he becomes a member.

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Domestic

The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005

These Regulations make provision in relation to the payment by the Board of the Pension Protection Fund of fraud compensation under Chapter 4 of Part 2 of the Pensions Act 2004

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Domestic

The Occupational and Personal Pension Schemes (Pension Liberation) Regulations 2005

Make further provision relating to the “moral hazard” provisions in sections 38 and 52 of the Pensions Act 2004 which provide for the Pensions Regulator to issue contribution notices and to make restoration orders.

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Domestic

The Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 2005

Prescribe those events the occurrence of which there is a duty upon the appropriate person to notify the Pensions Regulator. In relation to events in respect of certain occupational pension schemes the duty falls on the trustees or managers of the scheme; in relation to events in respect of employers in relation to eligible pension schemes, the duty falls on the employers.

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Domestic

The Pensions Regulator (Contribution Notices) (Sum Specified following Transfer) Regulations 2010

Enables the Pensions Regulator to use its contributions notice anti-avoidance power to protect member benefits where members of a defined benefit scheme have transferred to a defined contribution scheme. (No link to consolidated version.)

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Domestic

The Pensions Regulator (Financial Support Directions etc.) Regulations 2005

Make provision relating to the Regulator’s power to issue financial support directions. Also extend the meaning of employer in relation to all the anti-avoidance provisions and modify those provisions of the Act in their application to multi-employer schemes.

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Domestic

The Pensions Regulator (Notifiable Events) Regulations 2005

Prescribe those events the occurrence of which there is a duty upon the appropriate person to notify the Pensions Regulator. In relation to events in respect of certain occupational pension schemes the duty falls on the trustees or managers of the scheme, in relation to events in respect of employers in relation to eligible pension schemes, the duty falls on employers.

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Domestic

The Pensions Ombudsman (Disclosure of Information) (Amendment of Specified Persons) Order 2005

Amends section 149(6) of the Pensions Schemes Act 1993 by adding to the list of persons to whom the Pensions Ombudsman may disclose any information which he obtains for the purposes of an investigation.

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Domestic

Tell us what you think should happen to these regulations and why, being specific where possible:

33 responses to Private Pensions

  • Colin Rieley said on October 3, 2012 at 2:26 pm

    Avoid the position I am in.
    I receive a pension of £0.54 per month (sic) from a company with whom I spent 3 years at the start of my working life. They tell me that they cannot pay me a lump sum to end the obligation because I am already in receipt of another company pension which has used up all the allowances etc.

    So they continue to credit my bank account and post me a statement every month. Apart from the Post Office nobody benefits.

    I can’t be the only one to whom this restriction applies so please can you ask the person responsible for pension administration to change the rules/law

  • John said on July 12, 2012 at 3:38 pm

    Abolish annual reports and summary funding statements

  • Wayne Daniel, Chief Executive, MetLife Assurance Ltd on behalf of MetLife Assurance Ltd said on May 17, 2012 at 3:37 pm

    Frequent changes to regulation increases the cost and administrative burden of pension arrangements, and can discourage provision of private pension benefits. The cost may actually be borne by pension scheme members, rather than employers, through lower benefits. From an occupational pension point of view, the publication of the GMP equalisation method in its current format will be to the detriment of schemes and their members in the long term. The current proposed method requires at least annual checks for every member of the scheme. This will be a very burdensome and disproportionately costly procedure for schemes to go through from an administration perspective.The benefit to individual scheme members does not justify the cost of implementing the proposed method. In the interests of eliminating unnecessary red tape and administrative burdens for pension schemes, the current guidance on GMP equalisation should be withdrawn and not published.

    Comment Tags: GMP Equalisation, Pensions

  • Jillian Pegrum said on May 10, 2012 at 2:11 pm

    Aon Hewitt is a global company providing human resource consulting and outsourcing solutions with more than 29,000 professionals in 90 countries, including provision of actuarial and pensions advice to occupational pension scheme trustees and sponsoring employers. We support the concept of the proposed ‘red tape challenge’ and set out below our comments on the regulations in the list.

    Regulations to be scrapped

    There are various sets of regulations which merely amend primary legislation. As the amendments apply in all circumstances (rather than in particular situations – where we can see the need for separate regulations), once the amendment has been made the regulations should be removed (provided that legal backing is still retained for the amendment). For example the internal controls regulations merely amend Pensions Act 2004.

    There are other regulations which are no longer required as the core legislation has moved on. The provisions on minimum payments to contracted out pension schemes for previous years fall within this area, as do earlier orders for revaluation and indexation/GMP increases. Arguably such regulations can be scrapped although there needs to be some historic record so that schemes and sponsors can prove that they acted correctly in the past.

    The Transfer of Employment (Pension Protection) legislation was well-intentioned (and tried to fill the gap in the TUPE provisions). However with the requirements for auto-enrolment shortly to take effect, there is a risk of conflict between the two requirements. We would suggest that the Transfer of Employment (Pension Protection) legislation is therefore revisited in the light of the auto-enrolment requirements.

    Regulations to be merged:

    There are many areas of pensions primary legislation which are supported by large collections of regulations, which trustees (and their advisers) need to be familiar with in order to ensure compliance with the law. We suggest that each area of primary legislation should be supported by just one set of regulations. From time to time it will be necessary to introduce amendments, which may impact on more than one area of primary legislation – but the updating process will be made easier if each subject is covered by just one set of regulations. The explanatory notes would set out those sections which are being changed. In addition, if amendments are made, there is no reason why the regulations covering each of the subjects affected could not be replaced by a new set of comprehensive regulations.

    The DWP has already indicated its intention to consolidate the disclosure requirements into one set of regulations and we support this approach for other areas as well as disclosure. For example the Financial Assistance Scheme includes seven sets of regulations within the ‘red tape challenge’ list, the Pension Protection Fund provisions include over 30 sets of regulations, and the divorce provisions include six sets of regulations.

    Enforcement through voluntary codes

    We do not believe that voluntary codes will achieve the desired compliance with the various legislative provisions. However we do believe that the Pensions Regulator has (in most cases) improved compliance and understanding of the regulations through its codes of practice. There are some areas where guidance is still emerging – for example in relation to auto-enrolment (although outside the scope of this ‘red tape challenge’ there is a great deal of legislation to be understood and interpreted and in some areas the Regulator’s guidance conflicts with the core legislation).

    One area where a regulatory code (as opposed to a voluntary code) may improve compliance with the legislation is in the area of pensions indexation and revaluation, where the legislation is still capable of being interpreted differently (for example in relation to death benefits) and there is a risk of extra costs for schemes and their employers if they feel compelled to take the ‘safe’ approach regarding which benefits are increased and at what level. The recent change from RPI to CPI highlighted the various different areas of legislation which needed to be amended to meet the government’s intention (and then to provide desired flexibility for schemes in some areas).

    Better implementation – regulations which need to be corrected or simplified

    The employer debt regulations are a particular example of legislation which has evolved with various attempts at refinement (and in some cases easement). However, the legislation is flawed (or at least poorly drafted) in several areas. DWP has on more than one occasion sought comments on correcting or tidying up the drafting of these regulations – but have ignored many of the responses suggesting areas for change. The unwillingness to make such amending regulations was apparently to meet the “One-in, One-out” approach which was intended to ensure that new regulatory burdens on business are only brought in when reductions can be made to existing regulation. However businesses has been faced with additional costs in trying to understand, interpret and comply with the current provisions. We therefore urge the government to use this ‘red tape challenge’ not just to remove regulations but to improve the ones that remain. This is especially true where much of the analysis of the changes required has already been carried out, as is the case for employer debt.

    Other comments

    There are some areas of legislation which are outside the ‘red tape challenge’ -although we feel they should be discussed. In particular the impact of equality provisions on pension schemes and their employers has been immense, and uncertainties still exist. A particular example is the recent announcement regarding the need for equalisation in relation to GMPs – we (and many others) feel that the proposed legislation goes too far and the suggested approach to equalisation does not provide schemes with the comfort and help that the government intended – instead it brings more uncertainty that schemes might be compelled to introduce an expensive approach and increases the risk of challenge if they adopt a more reasonable method.

  • Janice Turner said on May 10, 2012 at 1:09 pm

    This proposal is made on behalf of the Association of Member Nominated Trustees.

    Many employers are struggling with the cost of their defined benefit schemes, but it is the volatility of cost that appears to be causing the most difficulty.

    The volatility can be broken down into two components:

    (i) Volatility of the market value of the underlying assets

    (ii) Volatility of the calculated amount of money that the scheme needs (the ‘value of the liabilities’).

    In the current economic climate, an employer may be presented with a large cash demand soon after a valuation date, only to be told that the market has bounced back six months later. A few months after that they are back in deficit again.

    It is hardly surprising in this environment that many employers are doing transfer inducement offers and pension increase surrender exercises, in the hope of reducing the size of their unmanageable and unpredictable pension deficit.

    Volatility of asset values
    The last government introduced regulations [The Occupational Pension Schemes (Scheme Funding) Regulations 2005 (SI 2005/3377)] that required trustees to take the market value of the assets in the scheme accounts, and use it as the value of the assets for the valuation. Before this red tape, trustees had some flexibility as to how they would place a value on their assets. Historically it had been common practice until the late 1990s for fluctuations in the asset values to be smoothed out, so that the value placed on the assets was often quite different from the market value in the accounts.

    The switch to market values towards the end of the 1990s came at a time when markets were buoyant, and there was little resistance from employers or trustees. Capital markets have been extremely volatile since 2008, and this has shown the market value funding approach to be hugely problematic for employers.

    Recently the Pension Protection Fund (‘PPF’) introduced a degree of smoothing into its assessment of underfunding for the PPF levy, and many trustees and employers are keen to re-introduce a degree of smoothing into their scheme funding. They cannot do so however, because smoothing of asset values is explicitly prohibited by Regulations introduced in 2005.

    We propose to cut this red tape so that trustees are permitted to adopt some level of smoothing of their asset values, by averaging out the market returns over a number of years (say) in the same way that the PPF has done. In this way the employer’s cashflows would not be so exposed to daily market movements but would instead be linked to a moving average return over a number of years, which would be much more stable. This cutting of red tape would be of immense assistance to employers, trustees and indeed more than 2-million private sector employees who are members of defined benefit pension schemes.

    Volatility of liability values
    The value placed on the liabilities (ie the calculation of how much money the scheme actually needs) is often even more volatile than the scheme assets. The calculated value of the liabilities is very sensitive to the interest rate used by the actuary.

    A very small change to the interest rate (say moving from 4.5% to 3.5% per year) could result in a decrease in a scheme’s funding level from 100% funded to 80% funded.

    The same regulations that prohibit smoothing of asset values also point towards market rates of interest. Regulation 4(b)(1) reads:
    “the rates of interest used to discount future payments of benefits must be chosen prudently, taking into account either or both:
    (i) The yield on assets held by the scheme to fund future benefits and the anticipated future investment returns.
    (ii) The market redemption yields on government or other high quality bonds.”

    If the scheme valuation is using the market value of the assets at close of business on a certain day, then the only consistent way of deriving an interest rate is to look at market interest rates that day. The requirement to use the market value of assets is in many ways a driver to using market yields.
    Most actuarial firms seem to base their proposed interest rates on the yield on UK government debt (Gilts) plus a margin, but UK Gilt yields can be and have been volatile.

    Over 6 weeks from 1 July to 10 August 2011, the gilt yield [the 20-year nominal ‘spot yield’ as published by the Bank of England] fell by 0.5%, but it was hard for employers to believe that in August the scheme needed a reserve 10% higher than it did in July.

    On 12th July, according to the Pension Protection Fund, defined benefit pension schemes had combined deficits of £8.3-billion, but six weeks later it was £117.5-billion. It is wholly unacceptable for the current scheme funding regulations to leave employers no idea whether their pension fund deficit is going to be zero or run into millions. Defined benefit pension schemes are the highest quality schemes for working people and more than 2-million people in the private sector are still accruing benefits in them. It is essential that these schemes survive but the red tape we discuss here is causing great damage and has led to mass closures.

    If trustees were permitted to adopt some level of smoothing of their asset values, then they could produce a consistent valuation by using smoothed market yields, say taking the average Gilt yield over the previous three years instead of being tied to the interest rate on one day.

    Proposals
    We propose that the Trustees of a pension scheme should have the right to adopt some level of smoothing of asset values if they consider it appropriate, and that the parties should be allowed to agree on a long term interest rate if they consider it appropriate, rather than being tied to market fluctuations.

    Proposed amendments to the Occupational Pension Schemes (Scheme Funding) Regulations 2005
    (SI 2005/3377):

    Current:
    Regulation 4(1) states: “Subject to paragraph (2), the value given to the assets of a scheme for the purposes of Part 3 of the 2004 Act is the value given to those assets in the relevant accounts, less the amount of any external liability.

    Proposed amendment:
    Add the words “…or such other amount as may be determined by the Trustees or managers of the Scheme after considering appropriate professional advice.”

    Current:
    Regulation 5(4)(b) states: “The rates of interest used to discount future payments of benefits must be chosen prudently, taking into account either or both:
    (i) The yield on assets held by the scheme to fund future benefits and the anticipated future investment returns
    (ii) The market redemption yields on government or other high quality bonds.”

    Proposed:
    Amend the clause to say: “The rates of interest used to discount future payments of benefits must be derived in a manner that is consistent with the method of valuing the assets.”

    Criticisms of smoothing
    Not everyone believes in smoothing, and for that reason we believe that it should only be an option, not a requirement. We also believe that the decision to smooth or not should rest with the trustees.

    Some critics of smoothing argue that unscrupulous trustees will artificially push down their deficit, but they have ample opportunity to do so already under the current regime. The Pensions Regulator has a sophisticated system in place to monitor valuation assumptions, and smoothing will be just another variable to monitor.

    Some trustees prefer the current market value approach for a range of reasons. Some feel that they understand market values better than smoothing, and that they can explain it to their members better.
    Some trustees feel that they can monitor their scheme progress better with market values, because they can see the market value going up or down and understand that funding is getting better or worse.

    In truth the opposite is true, because the assets are only one side of the equation. It is very possible that the assets could go up sharply, but the calculation of the liabilities might go up by more, and the deficit could actually be getting bigger when the trustees think their scheme is doing well.

    A smoothed asset value would mean that progress was more stable and predictable, and could in our opinion enhance the relationship between employers and trustees.

    Many people (including actuaries) will say that the old ‘discounted income’ method is just not appropriate any more, and we would agree with them. We are not advocating a return to discounted income, just that trustees should have the option of smoothing in the same manner as that adopted by the PPF. We believe that if the government cuts red tape in the manner we propose, it will play a hugely important role in preventing the closure of more DB schemes and will help to protect the pensions of millions.

    Comment Tags: smoothing

  • charles amos said on May 7, 2012 at 10:29 am

    Indexation should stay in defined benefit pensions and government should look for cost-effective ways of bringing approximate indexation into annuities from defined contribution pensions too.

    Indexation for private pensions is not “red tape”; it is a fundamental design feature that guards against pensioners becoming a burden on the taxpayer in their later years when they are wholly unable to work. The fact that it is expensive to provide is a good reason for encouraging later retirement ages and part-time working in 60s and 70s, not for removing it. The inconsistency with DC pensions policy is better addressed by looking for more efficient forms of approximate indexation for DC savers (e.g fixed % rate, link to 5-year equity returns, link to oil-related investments) so that the elderly are still not a burden on younger taxpayers, but can look to better-value investments than index-linked gilts.

  • Brian Smyth said on May 3, 2012 at 2:00 pm

    Limit the requirement to issue Summary Funding Statements to one every 3 years to coincide with the triennial vlauation.

  • PC said on April 26, 2012 at 10:42 am

    Abandon any attempt to equalise GMPs.

  • John Winder said on February 8, 2012 at 11:13 pm

    Two points concerning private pensions;

    1. remove the rquirement to purchase an annuity and allow the entire accumulated lump sum to be passed to the saver at age 70.

    2. restrict the tax due on the fund to the amount of tax relief given on the contributions going into the fund. In this way the advertised “tax free” growth of the pension fund would be truly tax free.

    These measures would greatly enhance the wealth of the saver, reducing their potential future dependency on welfare. Even using conservative estimates, this would mean an increase in disposable wealth for the average saver of around 33% compared with the current system.

  • malcolm said on January 4, 2012 at 12:15 pm

    I have little exectations of change we have seen similar exercises in the past but perhaps the real problems are at the policy making stages.

    1) The build up of tinkering changes and the failure to remove redundant policy ideas when they are long past their sensible use date. The upcoming removal of the paternalistic gender related rules in contracting out legislation comes many years too late but is welcome albeit it was a bit like pulling teeth.

    2) impractical ideas counter productive to the policy aim get entrenched at an early stage and can’t be shifted from the minds of the civil servant or minister – a good example is the band earnings approach to pensions reform that ensure the target market will neither understand the contributions made by or for them nor get the real benefit from the pennylike payments made into their pension.

    3) Failure to adopt a proper joined up approach to thinking and application of policy into regulation – valuable joined up thinking between govt departments and other NDPB’s is not the odd discussion at a high level but a commited coordinated approach that eschews concerns to protect perceived departmental interests.

    Comment Tags: policy

  • Mark Benson said on November 29, 2011 at 3:08 pm

    We are not (the british people) saving enough for retirement. It is impossible for a) the state & b) corparations and the public sector to meet the future pension requirements in their entirity. We need a private pension system to make up the shortfalls or we could end up with alot of old people in alot of poverty in 2030 – 2050. Currently, the legislation governing the sale & provision of private pensions is so tortuous and challenging with regard to the implementation, that many young people are finding it increasingly difficult to find the advice they need to start a pension and increasingly tedious to actually go through the pension application procedures. This legislation needs to be massively overhauled and streamlined if we are to assist the young with making a start on their retirement provision.

    Comment Tags: Benson’s blog

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