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Pensions Act 2008

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Pension scheme membership for jobholders

    1. Chapter 1 Employers' duties

      1. Jobholders

        1. 1.Jobholders

      2. Employers' duties

        1. 2.Continuity of scheme membership

        2. 3.Automatic enrolment

        3. 4.Postponement of automatic enrolment

        4. 5.Automatic re-enrolment

        5. 6.Timing of automatic re-enrolment

        6. 7.Jobholder’s right to opt in

        7. 8.Jobholder’s right to opt out

      3. Duty in relation to workers without qualifying earnings

        1. 9.Workers without qualifying earnings

      4. Supplementary provision about the duties

        1. 10.Information to be given to workers

        2. 11.Information to be given to the Pensions Regulator

        3. 12.Introduction of employers' duties

      5. Qualifying earnings

        1. 13.Qualifying earnings

        2. 14.Review of qualifying earnings band

        3. 15.Pay reference period

      6. Qualifying schemes and automatic enrolment schemes

        1. 16.Qualifying schemes

        2. 17.Automatic enrolment schemes

        3. 18.Occupational pension schemes

        4. 19.Personal pension schemes

      7. Quality requirements

        1. 20.Quality requirement: UK money purchase schemes

        2. 21.Quality requirement: UK defined benefits schemes

        3. 22.Test scheme standard

        4. 23.Test scheme

        5. 24.Quality requirement: UK hybrid schemes

        6. 25.Quality requirement: non-UK occupational pension schemes

        7. 26.Quality requirement: UK personal pension schemes

        8. 27.Quality requirement: other personal pension schemes

        9. 28.Sections 20, 24 and 26: certification that quality requirement is satisfied

      8. Transitional

        1. 29.Transitional periods for money purchase and personal pension schemes

        2. 30.Transitional period for defined benefits and hybrid schemes

      9. Miscellaneous

        1. 31.Effect of freezing order or assessment period

        2. 32.Power of trustees to modify by resolution

        3. 33.Deduction of contributions

    2. Chapter 2 Compliance

      1. Effect of failure to comply

        1. 34.Effect of failure to comply

      2. Compliance notices and unpaid contributions notices

        1. 35.Compliance notices

        2. 36.Third party compliance notices

        3. 37.Unpaid contributions notices

        4. 38.Calculation and payment of contributions

        5. 39.Meaning of “relevant contributions”

      3. Penalty notices

        1. 40.Fixed penalty notices

        2. 41.Escalating penalty notices

        3. 42.Penalty notices: recovery

      4. Reviews and references

        1. 43.Review of notices

        2. 44.References to the Pensions Regulator Tribunal

      5. Offences and monitoring

        1. 45.Offences of failing to comply

        2. 46.Offences by bodies corporate

        3. 47.Offences by partnerships and unincorporated associations

        4. 48.Offences of providing false or misleading information

        5. 49.Monitoring of employers' payments to personal pension schemes

    3. Chapter 3 Safeguards: employment and pre-employment

      1. Prohibited recruitment conduct

        1. 50.Prohibited recruitment conduct

        2. 51.Compliance notices

        3. 52.Penalty notices

        4. 53.Review of notices and references to Pensions Regulator Tribunal

      2. Inducements

        1. 54.Inducements

      3. Protection of employment rights

        1. 55.The right not to suffer detriment

        2. 56.Enforcement of the right

        3. 57.Right of employee not to be unfairly dismissed

        4. 58.Restrictions on agreements to limit operation of this Part

      4. Employment Appeal Tribunal

        1. 59.Employment Appeal Tribunal

    4. Chapter 4 Supplementary provision about compliance and information-sharing

      1. Records and information

        1. 60.Requirement to keep records

        2. 61.Powers to require information and to enter premises

        3. 62.Disclosure of tax information etc

        4. 63.Information for private pensions policy and retirement planning

        5. 64.Penalty for disclosure

      2. Objectives of the Regulator

        1. 65.Objectives of the Regulator

      3. Functions of the Pensions Ombudsman

        1. 66.Functions of the Pensions Ombudsman

    5. Chapter 5 Duty to establish a pension scheme

      1. Pension scheme

        1. 67.Duty to establish a pension scheme

        2. 68.Scheme orders: general

        3. 69.Consultation of members and employers

        4. 70.Contribution limits

        5. 71.Procedure for scheme orders

        6. 72.Procedure for rules

        7. 73.Application of enactments

        8. 74.Review

      2. Trustee corporation

        1. 75.Trustee corporation

        2. 76.Functions

        3. 77.Application of pension trustee legislation

      3. Interpretation

        1. 78.Interpretation of Chapter

    6. Chapter 6 Personal Accounts Delivery Authority

      1. Functions

        1. 79.Functions

        2. 80.Principles

        3. 81.Directions and guidance

        4. 82.Finance

        5. 83.Disclosure of information by the Regulator

      2. Constitution

        1. 84.Non-executive committee

        2. 85.Executive members

      3. Winding up

        1. 86.Winding up of the Authority

    7. Chapter 7 Stakeholder pension schemes

      1. 87.Stakeholder pension schemes

    8. Chapter 8 Application and interpretation

      1. Workers

        1. 88.“Employer”, “worker” and related expressions

        2. 89.Agency workers

        3. 90.Directors

        4. 91.Crown employment

        5. 92.Armed forces

        6. 93.House of Lords staff

        7. 94.House of Commons staff

        8. 95.Police

        9. 96.Persons working on vessels

        10. 97.Persons in offshore employment

        11. 98.Extension of definition of worker

      2. General

        1. 99.Interpretation of Part

  3. Part 2 Simplification etc

    1. Private pensions

      1. 100.Abolition of safeguarded rights

      2. 101.Revaluation of accrued benefits etc

    2. State pensions etc

      1. 102.Consolidation of additional pension

      2. 103.Effect of entitlement to guaranteed minimum pension

      3. 104.Additional pension etc: minor and consequential amendments

      4. 105.State pension credit: extension of assessed income period for those aged 75 or over

      5. 106.Contracting-out: abolition of all protected rights

  4. Part 3 Pension compensation

    1. Chapter 1 Pension compensation on divorce etc

      1. 107.Scope of mechanism

      2. 108.Interpretation

      3. 109.Activation of pension compensation sharing

      4. 110.Activation of pension compensation sharing: supplementary (Scotland)

      5. 111.Creation of pension compensation debits and credits

      6. 112.Cash equivalents

      7. 113.Reduction of compensation

      8. 114.Time for discharge of liability

      9. 115.“Implementation period”

      10. 116.Discharge of liability

      11. 117.Charges in respect of pension compensation sharing costs

      12. 118.Supply of information about pension compensation in relation to divorce etc

      13. 119.Supply of information about pension compensation sharing

      14. 120.Pension compensation sharing and attachment on divorce etc

    2. Chapter 2 Other provision about pension compensation

      1. 121.Charges in respect of pension sharing etc

      2. 122.Amendments of Schedule 7 to the Pensions Act 2004

      3. 123.Consequential amendments

  5. Part 4 Financial assistance scheme

    1. 124.Financial assistance scheme

    2. 125.Restriction on purchase of annuities

  6. Part 5 Miscellaneous

    1. Miscellaneous provision relating to pensions

      1. 126.Amendments of provisions of Pensions Act 2004 relating to contribution notices or financial support directions

      2. 127.Review of the initial operation of sections 38A and 38B of Pensions Act 2004

      3. 128.Pension sharing: power of Court of Session to extend time limits

      4. 129.Interest on late payment of levies

      5. 130.Payments to employers

      6. 131.Appointment of trustees

      7. 132.Intervention by Regulator where scheme’s technical provisions improperly determined

      8. 133.Delegation of powers by the Regulator

      9. 134.Exclusion of transfers out in certain cases

    2. State and official pensions

      1. 135.Additional Class 3 contributions

      2. 136.Additional Class 3 contributions (Northern Ireland)

      3. 137.Official pensions: adjustment of increases in survivors' pensions

      4. 138.War pensions: effect of later marriage or civil partnership

      5. 139.Polish Resettlement Act 1947: effect of residence in Poland

      6. 140.Pre-1948 insurance affecting German pension entitlement

      7. 141.Pre-1948 insurance: supplementary

    3. Information relating to state pension credit recipients

      1. 142.Disclosure of information relating to state pension credit recipients

  7. Part 6 General

    1. 143.Orders and regulations

    2. 144.Orders and regulations: supplementary

    3. 145.Power to make further provision

    4. 146.Pre-consolidation amendments

    5. 147.General financial provisions

    6. 148.Repeals

    7. 149.Commencement

    8. 150.Extent

    9. 151.Short title

  8. SCHEDULES

    1. SCHEDULE 1

      The trustee corporation

      1. Part 1 Members and employees

        1. 1.Members

        2. 2.Conflicts of interest

        3. 3.Disqualification and removal

        4. 4.(1) A person is disqualified for appointment as a member...

        5. 5.The Secretary of State may remove a member from office...

        6. 6.Tenure of office

        7. 7.Remuneration etc

        8. 8.Staff

      2. Part 2 Proceedings etc

        1. 9.Committees and advisory committees

        2. 10.(1) A committee of the trustee corporation may establish a...

        3. 11.Proceedings

        4. 12.The trustee corporation must make arrangements for the keeping of...

        5. 13.Disqualification for acting in relation to certain matters

        6. 14.Delegation

        7. 15.Validity of proceedings

        8. 16.Authentication of the trustee corporation’s seal

        9. 17.Annual report

      3. Part 3 Money

        1. 18.Finance

        2. 19.The trustee corporation may make charges in connection with the...

        3. 20.Accounts

      4. Part 4 Supplementary

        1. 21.Disqualification

        2. 22.In Part 2 of Schedule 1 to the Northern Ireland...

        3. 23.Records and freedom of information

        4. 24.In Part 6 of Schedule 1 to the Freedom of...

        5. 25.Equality

        6. 26.Interpretation

    2. SCHEDULE 2

      Revaluation of accrued benefits etc

      1. Part 1 Revaluation of accrued pension benefits

        1. 1.Amendments to Schedule 3 to the 1993 Act

        2. 2.In paragraph 1 (the final salary method), for sub-paragraphs (1)...

        3. 3.(1) Paragraph 2 (the revaluation percentage and the appropriate revaluation...

      2. Part 2 Revaluation of accrued amounts etc

        1. 4.Amendments to Schedule 7 to the 2004 Act

        2. 5.(1) Paragraph 12 (active members who have not attained normal...

        3. 6.(1) Paragraph 17 (deferred members who have not attained normal...

        4. 7.In paragraph 29 (Board’s powers to alter rates of revaluation...

      3. Part 3 Consequential amendments

        1. 8.(1) Section 51ZA of the Pensions Act 1995 (c. 26)...

    3. SCHEDULE 3

      Consolidation of additional pension

    4. SCHEDULE 4

      Additional pension etc: minor and consequential amendments

      1. 1.Social Security Contributions and Benefits Act 1992 (c. 4)

      2. 2.In section 21(5A)(c) (contribution conditions), after “5(2)(b) and (4)(a)” insert...

      3. 3.In section 39(1) (rate of widowed mother’s allowance and widow’s...

      4. 4.(1) Section 39C (rate of widowed parent’s allowance and bereavement...

      5. 5.(1) After section 45 (additional pension in Category A retirement...

      6. 6.(1) Section 46 (modifications of section 45 for calculating the...

      7. 7.In section 48A(4) (category B retirement pension for married person)—...

      8. 8.In section 48B(2) (category B retirement pension for widows and...

      9. 9.(1) Section 48BB (category B retirement pension: entitlement by reference...

      10. 10.In section 48C(4) (category B retirement pension: general), for “and...

      11. 11.In section 51(2) and (3) (category B retirement pension for...

      12. 12.(1) Schedule 4B (additional pension: accrual rates for purposes of...

      13. 13.In Schedule 7 (industrial injuries benefits) in paragraph 3(3), after...

      14. 14.Social Security Administration Act 1992 (c. 5)

      15. 15.Pension Schemes Act 1993 (c. 48)

      16. 16.(1) Section 46 (effect of entitlement to guaranteed minimum pensions...

      17. 17.(1) Section 47 (further provisions concerning entitlement to guaranteed minimum...

      18. 18.In section 48(2) (reduced benefits where minimum payments or minimum...

      19. 19.In section 49(b) (women, married women and widows), after “46(1),”...

      20. 20.In section 164(5) (Crown employment), after “46(1),” insert “46A(2),”.

      21. 21.In section 165(2)(b) (cases with a foreign element), after “those...

      22. 22.(1) In section 167(4) (application of provisions relating to social...

    5. SCHEDULE 5

      Pension compensation payable on discharge of pension compensation credit

      1. Part 1 Introductory

        1. 1.Introductory

        2. 2.Interpretation

        3. 3.Pension compensation age

      2. Part 2 Transferee attains pension compensation age before or on transfer day

        1. 4.Compensation payable to transferee

        2. 5.Compensation payable to widow, widower or surviving civil partner

      3. Part 3 Transferee attains pension compensation age after transfer day

        1. 6.Compensation payable to transferee

        2. 7.Compensation payable to widow, widower or surviving civil partner

        3. 8.Revaluation

        4. 9.Commutation of periodic compensation

        5. 10.Early payment of compensation

        6. 11.Deferral of compensation

        7. 12.Terminal illness lump sum: eligibility

        8. 13.Terminal illness lump sum: application and evidence

        9. 14.Terminal illness lump sum: determination of application

        10. 15.Terminal illness lump sum: effect of successful application

        11. 16.Terminal illness lump sum: information

      4. Part 4 Provisions applicable irrespective of age of transferee on transfer day

        1. 17.Annual increase in periodic compensation

        2. 18.Compensation cap

        3. 19.Compensation in form of dependant’s benefits

        4. 20.Board’s power to alter rates of revaluation and indexation

    6. SCHEDULE 6

      Pension compensation on divorce etc: England and Wales

      1. Part 1 Amendments of the Matrimonial Causes Act 1973

        1. 1.The Matrimonial Causes Act 1973 (c. 18) is amended as...

        2. 2.After section 21A (pension sharing orders) insert— Pension compensation sharing...

        3. 3.After section 24D (pension sharing orders: apportionment of charges) insert—...

        4. 4.(1) Section 25 (matters to which court is to have...

        5. 5.In section 25A(1) (exercise of court’s powers in favour of...

        6. 6.In section 25E(9) (the Pension Protection Fund), omit the definition...

        7. 7.After section 25E insert— Attachment of pension compensation (1) This section applies where, having regard to any PPF...

        8. 8.(1) Section 31 (variation, discharge etc of certain orders for...

        9. 9.After section 40A (appeals relating to pension sharing orders which...

      2. Part 2 Amendments of the Matrimonial and Family Proceedings Act 1984

        1. 10.The Matrimonial and Family Proceedings Act 1984 (c. 42) is...

        2. 11.In section 17 (orders for financial provision and property adjustment),...

        3. 12.In section 18(7) (matters to which court to have regard),...

        4. 13.(1) Section 21 (application of certain provisions of Part 2...

      3. Part 3 Amendments of the Civil Partnership Act 2004

        1. 14.The Civil Partnership Act 2004 (c. 33) is amended as...

        2. 15.After Part 4 of Schedule 5 (pension sharing orders on...

        3. 16.(1) Part 5 of Schedule 5 (matters to which court...

        4. 17.(1) Part 7 of Schedule 5 (pension protection fund compensation...

        5. 18.(1) Part 11 of Schedule 5 (variation, discharge etc of...

        6. 19.In Part 14 of Schedule 5 (miscellaneous and supplementary) after...

        7. 20.(1) In Schedule 7 (financial relief in England and Wales...

    7. SCHEDULE 7

      Pension compensation on divorce etc: Scotland

      1. 1.The Family Law (Scotland) Act 1985 (c. 37) is amended...

      2. 2.In section 8 (orders for financial provision)—

      3. 3.After section 8A insert— Pension compensation sharing orders: apportionment of...

      4. 4.In section 10 (sharing of value of matrimonial property or...

      5. 5.In section 12A (orders for payment of capital sum: pensions...

      6. 6.After section 12A insert— Order for payment of capital sum:...

      7. 7.In section 13 (order for periodical allowance), in subsection (2)(b),...

      8. 8.In section 16 (agreements on financial provision)—

      9. 9.In section 27 (interpretation)— (a) in subsection (1), before the...

    8. SCHEDULE 8

      Amendments of Schedule 7 to the Pensions Act 2004

      1. 1.Schedule 7 to the Pensions Act 2004 (c. 35) (pension...

      2. 2.In paragraph 3(6), at the end, add “to the scheme”....

      3. 3.In paragraph 5(5), at the end, add “to the scheme”....

      4. 4.In paragraph 11(8), after “paragraph 24 (commutation),” insert— paragraph 25E...

      5. 5.In paragraph 13, after sub-paragraph (3) insert—

      6. 6.In paragraph 14(9), after “paragraph 20 (compensation in respect of...

      7. 7.In paragraph 15(6), after “paragraph 24 (commutation),” insert— paragraph 25E...

      8. 8.In paragraph 18, after sub-paragraph (3) insert—

      9. 9.In paragraph 19(8), after “This paragraph is subject to—” insert—...

      10. 10.In paragraph 21(1), for “15, 18 and 19” substitute “15...

      11. 11.For paragraph 21(2)(b) and (c) substitute— (c) for paragraph 15(5)...

      12. 12.In paragraph 25(3), after “before that person attains normal pension...

      13. 13.After paragraph 25 insert— Deferral of compensation (1) Regulations may prescribe circumstances in which, and conditions subject...

      14. 14.After paragraph 25A (inserted by paragraph 13 above) insert— Terminal...

      15. 15.In paragraph 33, make the existing provision sub-paragraph (1) and...

      16. 16.In paragraph 34(1), after “ill health” insert “or otherwise”.

      17. 17.For paragraph 35(2)(a) substitute— (a) in the case of a...

      18. 18.For paragraph 35(3) substitute— (3) This sub-paragraph applies to a...

    9. SCHEDULE 9

      Contribution notices and financial support directions under Pensions Act 2004

      1. 1.Introduction

      2. 2.Contribution notices: material detriment test

      3. 3.In section 90(2) (the matters in relation to which the...

      4. 4.In section 96 (standard procedure), after subsection (1) insert—

      5. 5.In section 316(2) (subordinate legislation that is subject to affirmative...

      6. 6.Contribution notices: acting or failing to act otherwise than in good faith

      7. 7.Whether reasonable for Pensions Regulator to issue contribution notice

      8. 8.Contribution notices: series of acts or failures to act

      9. 9.Contribution notices and financial support directions: bulk transfers

      10. 10.After section 43 (financial support directions) insert— Financial support directions:...

      11. 11.In section 306(2) (overriding requirements)— (a) after paragraph (d) insert—...

      12. 12.In section 316(2) (subordinate legislation that is subject to affirmative...

      13. 13.In Part 4 of Schedule 2 (the reserved regulatory functions...

      14. 14.Financial support directions: meaning of “insufficiently resourced”

      15. 15.Effect of amendments made by this Schedule

      16. 16.Transitional provision

    10. SCHEDULE 10

      Interest on late payment of levies

      1. 1.Pension Schemes Act 1993 (c. 48)

      2. 2.Pensions Act 2004 (c. 35)

      3. 3.After section 117 (PPF administration levy) insert— Administration levy: interest...

      4. 4.In section 173 (Pension Protection Fund), after subsection (1)(b) insert—...

      5. 5.After section 181 (calculation, collection and recovery of levies) insert—...

      6. 6.In section 188 (Fraud Compensation Fund), after subsection (1)(b) insert—...

      7. 7.After section 189 (fraud compensation levy) insert— Fraud compensation levy:...

      8. 8.In section 209 (Ombudsman for the Board of the Pension...

      9. 9.In section 323(2)(b)(i) (provisions extending to Northern Ireland), for “subsections...

    11. SCHEDULE 11

      Repeals

      1. Part 1 Pension scheme membership for jobholders

      2. Part 2 Safeguarded rights

      3. Part 3 Contracting-out: abolition of all protected rights

      4. Part 4 Pension compensation

      5. Part 5 Financial assistance scheme

      6. Part 6 Miscellaneous

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