Pensions Act 2008
Pensions Act 2008 (2008 c. 30)
- Pensions Act 2008 (2008 c. 30)
- Part 1 Pension scheme membership for jobholders
- Chapter 1 Employers' duties
- Jobholders
- 1 Jobholders
- Employers' duties
- 2 Continuity of scheme membership
- 3 Automatic enrolment
- 4 Postponement or disapplication of automatic enrolment
- 5 Automatic re-enrolment
- 6 Timing of automatic re-enrolment
- 7 Jobholder's right to opt in
- 8 Jobholder's right to opt out
- Duty in relation to workers without qualifying earnings
- 9 Workers without qualifying earnings
- Supplementary provision about the duties
- 10 Information to be given to workers
- 11 Information to be given to the Pensions Regulator
- 11A Information to be given to pension schemes
- 12 Introduction of employers' duties
- Qualifying earnings and earnings trigger
- 13 Qualifying earnings
- 14 Review of earnings trigger and qualifying earnings band
- 15 Pay reference period
- 15A Power to specify rounded figures
- Qualifying schemes and automatic enrolment schemes
- 16 Qualifying schemes
- 17 Automatic enrolment schemes
- 18 Occupational pension schemes
- 19 Personal pension schemes
- Quality requirements
- 20 Quality requirement: UK money purchase schemes
- 21 Quality requirement: UK defined benefits schemes
- 22 Test scheme standard
- 23 Test scheme
- 23A Alternative quality requirements for UK defined benefits schemes
- 24 Quality requirement: UK hybrid schemes
- 25 Quality requirement: non-UK occupational pension schemes
- 26 Quality requirement: UK personal pension schemes
- 27 Quality requirement: other personal pension schemes
- 28 Certification that quality requirement or alternative requirement is satisfied
- 28A MSDA approval: relevant Master Trusts
- 28B MSDA approval: group personal pension scheme
- 28C Approvals in respect of asset allocation
- 28D Information
- 28E Transition pathway relief
- 28F New entrant pathway relief
- 28G Suspension of asset allocation requirement: savers’ interest test
- 28H Risk notices
- 28I Penalties
- 28J Enforcement by the Financial Conduct Authority
- 28K Report about effects of pension scheme consolidation
- 28L Regulations about quality requirements
- Transitional
- 29 Transitional periods for money purchase and personal pension schemes
- 30 Transitional period for defined benefits and hybrid schemes
- 30A Review of exercise of powers under section 28C
- Miscellaneous
- 31 Effect of freezing order , assessment period or pause order
- 32 Power of trustees or managers to modify by resolution
- 33 Deduction of contributions
- Chapter 2 Compliance
- Effect of failure to comply
- 34 Effect of failure to comply
- Compliance notices and unpaid contributions notices
- 35 Compliance notices
- 36 Third party compliance notices
- 37 Unpaid contributions notices
- 38 Calculation and payment of contributions
- 39 Meaning of “relevant contributions”
- Penalty notices
- 40 Fixed penalty notices
- 41 Escalating penalty notices
- 42 Penalty notices: recovery
- Reviews and references
- 43 Review of notices
- 44 References to First-tier Tribunal or Upper Tribunal
- Offences and monitoring
- 45 Offences of failing to comply
- 46 Offences by bodies corporate
- 47 Offences by partnerships and unincorporated associations
- 48 Offences of providing false or misleading information
- 49 Monitoring of employers' payments to personal pension schemes
- Chapter 3 Safeguards: employment and pre-employment
- Prohibited recruitment conduct
- 50 Prohibited recruitment conduct
- 51 Compliance notices
- 52 Penalty notices
- 53 Review of notices and references to First-tier Tribunal or Upper Tribunal
- Inducements
- 54 Inducements
- Protection of employment rights
- 55 The right not to suffer detriment
- 56 Enforcement of the right
- 57 Right of employee not to be unfairly dismissed
- 58 Restrictions on agreements to limit operation of this Part
- Employment Appeal Tribunal
- 59 Employment Appeal Tribunal
- Chapter 4 Supplementary provision about compliance and information-sharing
- Records and information
- 60 Requirement to keep records
- 61 Powers to require information and to enter premises
- 62 Disclosure of tax information etc
- 63 Information for private pensions policy and retirement planning
- 64 Penalty for disclosure
- Objectives of the Regulator
- 65 Objectives of the Regulator
- Functions of the Pensions Ombudsman
- 66 Functions of the Pensions Ombudsman
- Chapter 5 Duty to establish a pension scheme
- Pension scheme
- 67 Duty to establish a pension scheme
- 68 Scheme orders: general
- 69 Consultation of members and employers
- 70 Contribution limits
- 71 Procedure for scheme orders
- 72 Procedure for rules
- 73 Application of enactments
- 74 Review
- Trustee corporation
- 75 Trustee corporation
- 76 Functions
- 77 Application of pension trustee legislation
- Interpretation
- 78 Interpretation of Chapter
- Chapter 6 Personal Accounts Delivery Authority
- Functions
- 79 Functions
- 80 Principles
- 81 Directions and guidance
- 82 Finance
- 83 Disclosure of information by the Regulator
- Constitution
- 84 Non-executive committee
- 85 Executive members
- Winding up
- 86 Winding up of the Authority
- Chapter 7 Stakeholder pension schemes
- 87 Stakeholder pension schemes
- Chapter 8 Application and interpretation
- Exceptions
- 87A Power to create exceptions from the employer duties etc
- Workers
- 88 “Employer”, “worker” and related expressions
- 89 Agency workers
- 90 Directors
- 91 Crown employment
- 92 Armed forces
- 93 House of Lords staff
- 94 House of Commons staff
- 95 Police
- 96 Persons working on vessels
- 97 Persons in offshore employment
- 98 Extension of definition of worker
- General
- 99 Interpretation of Part
- 99A Money purchase benefits: supplementary
- Part 2 Simplification etc
- Private pensions
- 100 Abolition of safeguarded rights
- 101 Revaluation of accrued benefits etc
- State pensions etc
- 102 Consolidation of additional pension
- 103 Effect of entitlement to guaranteed minimum pension
- 104 Additional pension etc: minor and consequential amendments
- 105 State pension credit: extension of assessed income period for those aged 75 or over
- 106 Contracting-out: abolition of all protected rights
- Part 3 Pension compensation
- Chapter 1 Pension compensation on divorce etc
- 107 Scope of mechanism
- 108 Interpretation
- 109 Activation of pension compensation sharing
- 110 Activation of pension compensation sharing: supplementary (Scotland)
- 111 Creation of pension compensation debits and credits
- 112 Cash equivalents
- 113 Reduction of compensation
- 114 Time for discharge of liability
- 115 “Implementation period”
- 116 Discharge of liability
- 117 Charges in respect of pension compensation sharing costs
- 118 Supply of information about pension compensation in relation to divorce etc
- 119 Supply of information about pension compensation sharing
- 120 Pension compensation sharing and attachment on divorce etc
- Chapter 2 Other provision about pension compensation
- 121 Charges in respect of pension sharing etc
- 122 Amendments of Schedule 7 to the Pensions Act 2004
- 123 Consequential amendments
- Part 4 Financial assistance scheme
- 124 Financial assistance scheme
- 125 Restriction on purchase of annuities
- Part 5 Miscellaneous
- Miscellaneous provision relating to pensions
- 126 Amendments of provisions of Pensions Act 2004 relating to contribution notices or financial support directions
- 127 Review of the initial operation of sections 38A and 38B of Pensions Act 2004
- 128 Pension sharing: power of Court of Session to extend time limits
- 129 Interest on late payment of levies
- 130 Payments to employers
- 131 Appointment of trustees
- 132 Intervention by Regulator where scheme's technical provisions improperly determined
- 133 Delegation of powers by the Regulator
- 134 Exclusion of transfers out in certain cases
- State and official pensions
- 135 Additional Class 3 contributions
- 136 Additional Class 3 contributions (Northern Ireland)
- 137 Official pensions: adjustment of increases in survivors' pensions
- 138 War pensions: effect of later marriage or civil partnership
- 139 Polish Resettlement Act 1947: effect of residence in Poland
- 140 Pre-1948 insurance affecting German pension entitlement
- 141 Pre-1948 insurance: supplementary
- Information relating to state pension credit recipients
- 142 Disclosure of information relating to state pension credit recipients
- Part 6 General
- 143 Orders and regulations
- 144 Orders and regulations: supplementary
- 144A Service of documents and electronic working
- 145 Power to make further provision
- 146 Pre-consolidation amendments
- 147 General financial provisions
- 148 Repeals
- 149 Commencement
- 150 Extent
- 151 Short title
- SCHEDULES
- SCHEDULE 1 The trustee corporation
- Part 1 Members and employees
- Members
- Conflicts of interest
- Disqualification and removal
- Tenure of office
- Remuneration etc
- Staff
- Part 2 Proceedings etc
- Committees and advisory committees
- Proceedings
- Disqualification for acting in relation to certain matters
- Delegation
- Validity of proceedings
- Authentication of the trustee corporation's seal
- Annual report
- Part 3 Money
- Finance
- Accounts
- Part 4 Supplementary
- Disqualification
- Records and freedom of information
- Equality
- Interpretation
- SCHEDULE 2 Revaluation of accrued benefits etc
- Part 1 Revaluation of accrued pension benefits
- Amendments to Schedule 3 to the 1993 Act
- Part 2 Revaluation of accrued amounts etc
- Amendments to Schedule 7 to the 2004 Act
- Part 3 Consequential amendments
- SCHEDULE 3 Consolidation of additional pension
- SCHEDULE 4 Additional pension etc: minor and consequential amendments
- Social Security Contributions and Benefits Act 1992 (c. 4)
- Social Security Administration Act 1992 (c. 5)
- Pension Schemes Act 1993 (c. 48)
- SCHEDULE 5 Pension compensation payable on discharge of pension compensation credit
- Part 1 Introductory
- Introductory
- Interpretation
- Pension compensation age
- Part 2 Transferee attains pension compensation age before or on transfer day
- Compensation payable to transferee
- Compensation payable to widow, widower or surviving civil partner
- Part 3 Transferee attains pension compensation age after transfer day
- Compensation payable to transferee
- Compensation payable to widow, widower or surviving civil partner
- Revaluation
- Commutation of periodic compensation
- Early payment of compensation
- Deferral of compensation
- Terminal illness lump sum: eligibility
- Terminal illness lump sum: application and evidence
- Terminal illness lump sum: determination of application
- Terminal illness lump sum: effect of successful application
- Terminal illness lump sum: information
- Part 4 Provisions applicable irrespective of age of transferee on transfer day
- Postponement of compensation
- Annual increase in periodic compensation
- Compensation cap
- Compensation in form of dependant's benefits
- Board's power to alter rates of revaluation and indexation
- SCHEDULE 6 Pension compensation on divorce etc: England and Wales
- Part 1 Amendments of the Matrimonial Causes Act 1973
- Part 2 Amendments of the Matrimonial and Family Proceedings Act 1984
- Part 3 Amendments of the Civil Partnership Act 2004
- SCHEDULE 7 Pension compensation on divorce etc: Scotland
- SCHEDULE 8 Amendments of Schedule 7 to the Pensions Act 2004
- SCHEDULE 9 Contribution notices and financial support directions under Pensions Act 2004
- Introduction
- Contribution notices: material detriment test
- Contribution notices: acting or failing to act otherwise than in good faith
- Whether reasonable for Pensions Regulator to issue contribution notice
- Contribution notices: series of acts or failures to act
- Contribution notices and financial support directions: bulk transfers
- Financial support directions: meaning of “insufficiently resourced”
- Effect of amendments made by this Schedule
- Transitional provision
- SCHEDULE 10 Interest on late payment of levies
- Pension Schemes Act 1993 (c. 48)
- Pensions Act 2004 (c. 35)
- SCHEDULE 11 Repeals
- Part 1 Pension scheme membership for jobholders
- Part 2 Safeguarded rights
- Part 3 Contracting-out: abolition of all protected rights
- Part 4 Pension compensation
- Part 5 Financial assistance scheme
- Part 6 Miscellaneous
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