(1)The Regulator may issue a penalty notice to an employer if the Regulator is of the opinion that the employer. Transitional period for defined benefits and hybrid schemes. Where a person becomes an active member of a scheme in accordance with regulations under this section, the employer must not take any action, or make any omission, by which within the minimum period, the person ceases to be an active member of the scheme, or. (1)Section 146 of the Pension Schemes Act 1993 (c. 48) (functions of the Pensions Ombudsman) is amended as follows. The Secretary of State may by regulations make further provision in relation to notices under this section. (3)In paragraph (c)(i) of that subsection, for or (ba) substitute , (ba) or (bb). (3)The Secretary of State may by order provide that a scheme does not satisfy the quality requirement in relation to a jobholder who is in contracted-out employment unless it satisfies the test scheme standard in relation to that jobholder, with the substitution of a higher fraction, not exceeding 1/80th, for the fraction of 1/120th in section 23(4)(a). but, for that subsection to apply, the claim that the requirement applies and, if applicable, the claim that it has been contravened must be made in good faith. Regulations may in particular make provision. (7)The automatic enrolment date, in relation to any person, is the first day on which this section applies to the person as a jobholder of the employer. For the purposes of the application of the provisions of this Part in relation to a relevant member of the House of Commons staff, references to a worker are to be read as references to a relevant member of the House of Commons staff, and. Subsection (2) does not apply if the jobholder was an active member of a qualifying scheme on the automatic re-enrolment date. (1)Subsection (2) applies where an offence under section 45 committed by a body corporate is proved, (a)to have been committed with the consent or connivance of an officer of the body corporate, or. (5)In this section references to enforcing a requirement include references to securing its benefit in any way. The Regulators powers on a review include power to, References to the Pensions Regulator Tribunal, A person to whom a notice is issued under section 40 or 41 may, if one of the conditions in subsection (2) is satisfied, make a reference to the Pensions Regulator Tribunal in respect of. (b)send a copy of the report to the Secretary of State. Regulations under subsection (4) may provide for the determination to be made in accordance with guidance issued from time to time by the Secretary of State. 18. PURPOSE AND BACKGROUND. Pensions Act 2008 2008 CHAPTER 30 Introduction 1. (4)An Order in Council under this section, (5)An Order in Council under this section. (1)The Secretary of State may by order provide for the winding up and dissolution of the Authority.. In section 105 (redundancy as unfair dismissal), in subsection (1)(c) (which refers to any of subsections (2A) to (7J) of that section applying) for (7J) substitute (7JA). (1)This section applies to a jobholder who is not an active member of a qualifying scheme. Establishment of contributory three-tier pension scheme 2. A scheme does not fail to satisfy the quality requirement under this section merely because the provider of the scheme may on any occasion refuse to accept a contribution below an amount prescribed for the purposes of this section on the grounds that it is below that amount. (b)in the case of a person within subsection (6)(b) or (c), if the trade union or advice centre is the employer or an associated employer, (c)in the case of a person within subsection (6)(c), if the worker makes a payment for the advice received from the person, or. A scheme established under this section is to be treated for all purposes as established under an irrevocable trust. Compliance with Part 1 Pensions Act. There are changes that may be brought into force at a future date. These explanatory notes relate to the Pensions Act which received Royal Assent on 26 November 2008. 200 provisions and might take some time to download. In subsection (4), for paragraph 2 substitute paragraphs 2 and 4. who is a member of the Speakers personal staff. (b)the agreement must relate to the particular proceedings. (3)The minimum period is so much of a prescribed period as the person remains a jobholder of the employer. (2)Regulations under this section must state. That is subject to subsections (11) and (12). In relation to any scheme, a jobholder is in contracted-out employment for the purposes of this section and section 22 if a certificate has been issued in respect of the jobholder under section 7(1) of the Pension Schemes Act. Management . We take a look at its key provisions: (1)The Regulator may issue an escalating penalty notice to a person if it is of the opinion that the person has failed to comply with. The National Pensions ACT 2008 (ACT 766) and pension linked mortgages (8)The power to make provision in pursuance of subsection (1) is exercisable by order. (b)to preclude a person from bringing proceedings under section 56 before an employment tribunal. (b)secure that for any employer there is not more than one automatic re-enrolment date in any period of three years. Offences of providing false or misleading information. (b)has failed to comply with a compliance notice under section 51. What is The 3-Tier Scheme What are the contribution rates and how are they distributed between the Employer and Employee? A sub-committee under sub-paragraph (5) may include persons who are not members of the non-executive committee or the Authority. (1) The Secretary of State may by regulations make provision Board's power to alter rates of revaluation and indexation. Which paragraph of subsection (1) is appropriate for any hybrid scheme is to be determined by rules made by the Secretary of State. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. (6)The Secretary of State may not make the rules without the consent of the trustees. (2)It is immaterial for the purposes of paragraph (a) or (b) of subsection (1), (a)whether or not the requirement applies in favour of the worker, or. 16A. 128. This Part has effect in relation to employment by or under the Crown as it has effect in relation to other employment. (6)In paragraph 11, in sub-paragraph (1)(b), at the beginning insert subject to sub-paragraph (1A),. send a copy of the report to the Secretary of State. (b)is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union, (c)works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or. Regulations prescribing arrangements for the purposes of section 3(2), 5(2), 7(3) or 9(2), may require the employer to make such a deduction or payment at any time on or after the date with effect from which the jobholder is to become an active member of a scheme under the arrangements. Act 766 National Pensions Act, 2008 ARRANGEMENT OF SECTIONS Section PART ONEESTABLISHMENT OF CONTRIBUTORY THREE-TIER PENSION SCHEME AND NATIONAL PENSIONS REGULATORY AUTHORITY Contributory three-tier pension scheme 1. (4)Where the trustees have power to make rules, an order under section 67 may provide. No Order in Council may be made under this section unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament. The Pension Schemes Act 1993 is amended as follows. (b)regulate the procedure of its sub-committees; (c)enable its sub-committees to regulate their own procedure subject to any provision it makes., (8)In that paragraph, in sub-paragraph (2). require the employer to provide within a specified period specified information relating to the contravention; require the employer to inform the Regulator, within a specified period, how the employer has complied or is complying with the notice; state that, if the employer fails to comply with the requirements of the notice, the Regulator may issue a penalty notice under section 52. Part, which are components of the PERS, but have sig- . (5)Regulations under subsection (4) may provide for the determination to be made in accordance with guidance issued from time to time by the Secretary of State. An escalating penalty is a penalty which is calculated by reference to a prescribed daily rate. The power to make provision in pursuance of subsection (1) is exercisable by order. (b)omit the words from of his to qualifying scheme; (c)in paragraph (a), for scheme substitute stakeholder pension scheme. (4)Property held by the corporation is not to be regarded as property of, or property held on behalf of, the Crown. (2)The reference in subsection (1) to a statement made or a question asked for the purposes of recruitment is a reference to one made or asked in the course of any of the following. (5)The further notice does not have effect to require the employer to arrange for the worker to become an active member of a pension scheme. (3)The first condition is that all of the benefits that may be provided to the jobholder under the scheme are money purchase benefits. (b)is carried on in the United Kingdom by a person who is in relation to that activity an authorised person or an exempt person under section 19 of that Act. (1C)A person ceases to be a relevant employee. PENSIONS ACT 2008 2008 CHAPTER 30 Part 1 - Pension scheme membership for jobholders 1. to 99. the jobholders employer must pay contributions in respect of the jobholder; the employers contribution, however calculated, must be equal to or more than 3% of the amount of the jobholders qualifying earnings in the relevant pay reference period; the total amount of contributions paid by the jobholder and the employer, however calculated, must be equal to or more than 8% of the amount of the jobholders qualifying earnings in the relevant pay reference period. Amendments of Schedule 7 to the Pensions Act 2004. (6)Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section by that or any other court or tribunal. for the chairman and non-executive members of the Authority substitute the non-executive committee; for the non-executive members substitute the members of that committee. (1)Her Majesty may by Order in Council provide that, to the extent and for the purposes specified in the Order, the relevant provisions apply, with or without modification, in relation to a person in offshore employment. (3)Regulations under subsection (2)(b) may, in particular, make provision about. (3)The appropriate age is 65 or any higher age prescribed. (3)An order under section 67 may provide for the trustees to have power to make rules under that section. An order under section 67 may provide for any provision of the Trustee Act. (4)On a review of a notice, the effect of the notice is suspended for the period beginning when the Regulator determines to carry out the review and ending when the review is completed. if the person is employed by, or is acting in the matter for, the employer or an associated employer. (6)A person is a relevant independent adviser for the purposes of subsection (5)(c) if that person. section 4(2) to (5) apply in relation to the new scheme as they applied in relation to the scheme referred to in subsection (3). (3)The Authority must take any steps it considers appropriate to promote and engage in discussion with relevant public authorities and others about its functions under section 79(2) and how it carries them out. the jobholder has been employed by the employer for a continuous period beginning before the employers first enrolment date. The Authoritys functions under subsection (2) are in addition to any functions that may be conferred on it by or under this Act or any other enactment. a hovercraft within the meaning of the Hovercraft Act. The functions of the trustee corporation are, to act as a trustee of any scheme established under section 67, and. (1)This section applies to a personal pension scheme if the operation of the scheme, (a)is carried on in such a way as to be a regulated activity for the purposes of the Financial Services and Markets Act 2000 (c. 8), and. (2)The Secretary of State must in particular make a determination under subsection (1) by reference to a review under section 148 of the Social Security Administration Act 1992 (c. 5) (review of general level of earnings for revaluation of earnings factors). The first date in the timeline will usually be the earliest date when the provision came into force. If they make the rules they must publish an account in general terms of those comments and their response to them. by a person providing services to the Regulator, in connection with the provision of those services. In subsection (6), shortfall means the difference (if any) between, the employers contribution in respect of the jobholder under the agreement referred to in subsection (4), and. the detriment to which the worker is subjected is the termination of the workers contract, but. (b)a person purporting to act in such capacity. (8)Paragraphs 9 and 10 do not apply to the non-executive committee.. An order may prescribe a maximum amount for payments that may be made by a member and that are not contributions for the purposes of provision under subsection (1). by increasing the frequency of any contributions. the time within which contributions must be refunded; how the amount to be refunded is calculated; the procedure for refunding contributions. (a)in relation to a constable, if the constable is a member of that police force; (b)in relation to a police cadet, if the cadet is undergoing training with a view to becoming a member of that police force. (5)Subsection (2) is subject to section 6(6). After subsection (7J) of that section insert. The Regulator may issue a penalty notice to an employer if the Regulator is of the opinion that the employer. 13. (11)The publication must not be limited to electronic publication. the administration of the employers business. In sections 37 and 38 relevant contributions are. The worker may by notice require the employer to arrange for the worker to become an active member of a pension scheme that satisfies the requirements of this section. if the reference is made out of time, on the Tribunal determining not to allow the reference to proceed. 8. (a)about the form and content of the notice; (b)about the arrangements that the employer is required to make; (c)for determining the date with effect from which the jobholder is to become an active member under the arrangements. PDF Pensions Act 2008 - Legislation.gov.uk Restrictions on agreements to limit operation of this Part, Any provision in any agreement (whether a workers contract or not) is void in so far as it purports, to exclude or limit the operation of any provision of this Part, or. An offence is committed by an employer who wilfully fails to comply with. (8)The Secretary of State may by regulations provide that, where the scheme is an appropriate scheme within the meaning of section 7(4) of the Pension Schemes Act 1993, subsections (4)(b) and (5)(b) have effect with prescribed modifications. 14. The Secretary of State may by regulations provide that, where the scheme is an appropriate scheme within the meaning of section 7(4) of the Pension Schemes Act 1993, subsections (4)(b) and (5)(b) have effect with prescribed modifications. (a)at any time after the jobholders automatic enrolment date, the jobholder ceases to be an active member of a qualifying scheme or a qualifying scheme of which the jobholder is an active member ceases to be such a scheme, (a)there is a period beginning at any time after the jobholders automatic enrolment date during which the requirements of section 1(1)(a) or (c) are not met (so that the person is not a jobholder for that period), and. (1) The Board must determine an application for a terminal Terminal illness lump sum: effect of successful application. (a)the employers contributions are payable with effect from the automatic enrolment date; (b)any requirement of the scheme (in accordance with section 20(1)) for contributions to be payable by the jobholder does not apply in respect of the period of the jobholders membership before the closure date; (c)regulations made for the purposes of section 3(2)(b) must secure that the jobholder may pay, within a period prescribed by the regulations, any contributions which would have been payable by the jobholder but for paragraph (b) of this subsection. (a)any action was taken, or was proposed to be taken, with a view to enforcing in favour of the employee a requirement to which this section applies; (b)the employer was prosecuted for an offence under section 45 of the Pensions Act 2008 as a result of action taken for the purpose of enforcing in favour of the employee a requirement to which this section applies; or. There is to be a committee of the Authority consisting of the chairman and every other non-executive member of the Authority (referred to in this Schedule as the non-executive committee). (8)The trustees must consult the members' panel and the employers' panel. (9)A scheme does not fail to satisfy the quality requirement under this section merely because the provider of the scheme may on any occasion refuse to accept a contribution below an amount prescribed for the purposes of this section on the grounds that it is below that amount. A scheme ceases to be a scheme of the relevant kind, in the case of any person, if it ceases to have a feature by reference to which regulations under this section operated so as to postpone the automatic enrolment date in that persons case. The Department for Work and Pensions ( DWP) is required to carry out a statutory review of the operation of regulations made under Section 23A (1) of the Pensions Act 2008. (as regards trustees, or members of any corporate trustee) meetings, committees or delegation of functions; any exclusion of liability on the part of trustees, or the provision of any indemnity or insurance out of the funds of the scheme. (2)Contract of employment means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing. the employers contributions are payable with effect from the automatic enrolment date; any requirement of the scheme (in accordance with section 20(1)) for contributions to be payable by the jobholder does not apply in respect of the period of the jobholders membership before the closure date; regulations made for the purposes of section 3(2)(b) must secure that the jobholder may pay, within a period prescribed by the regulations, any contributions which would have been payable by the jobholder but for paragraph (b) of this subsection. They do not form part of the Act and have not been endorsed by Parliament. (3)The composition and functions of the panels are to be determined by order under section 67, or by the trustees under an order. 2. is to be determined in accordance with regulations, and. any provision of Chapter 1 of that Part of that Act applies to the employee, or will or might apply. Subsection (1) does not apply to any agreement to refrain from instituting or continuing before an employment tribunal any proceedings within section 18(1)(v) of the Employment Tribunals Act 1996 (proceedings under this Act where conciliation is available) if the conditions regulating compromise agreements under this Act are satisfied in relation to the agreement. Early childcare supplement increase in rate. (3)The rules may provide for different paragraphs to be appropriate for different provisions of a scheme. Miscellaneous Pension Protection Act Changes . Subsection (2) is subject to section 6(6). Property held by the corporation is not to be regarded as property of, or property held on behalf of, the Crown. It must be a scheme that complies with any provision of Northern Ireland legislation corresponding to subsection (4). rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate; the following provisions apply in relation to the partnership or association as they apply in relation to a body corporate, section 70 of the Criminal Procedure (Scotland) Act. (6)Subsection (7) applies where an offence under section 45 committed by an unincorporated association is proved, (a)to have been committed with the consent or connivance of an officer of the association, or. (2)In England and Wales, any such penalty is, if a county court so orders, recoverable under section 85 of the County Courts Act 1984 (c. 28) or otherwise as if it were payable under an order of that court. For the purposes of arrangements made under subsection (3) in relation to a personal pension scheme, regulations may deem an agreement to exist (subject to section 8) between the jobholder and the provider of the scheme for the jobholder to be an active member of the scheme on terms and conditions determined in accordance with the regulations. to whom paragraphs (a) and (b) of section 1(1) apply (working in Great Britain and aged between 16 and 75), to whom paragraph (c) of section 1(1) does not apply (qualifying earnings), and. (2)A compliance notice is a notice directing the employer to take, or refrain from taking, the steps specified in the notice in order to. An order under section 67 may make provision for the exclusion of, or indemnity against, liability of a trustee, or an officer or employee of a trustee, arising out of the administration or management of a scheme. Quality requirement: other personal pension schemes, Sections 20, 24 and 26: certification that quality requirement is satisfied. 8A(1)There is to be a committee of the Authority consisting of the chairman and every other non-executive member of the Authority (referred to in this Schedule as the non-executive committee). Amendments of provisions of Pensions Act 2004 relating to contribution notices or financial support directions. Postponement of automatic enrolment 5. In section 111A of the Pension Schemes Act 1993 (c. 48) (monitoring of employers' payments to personal pension schemes), at the end insert, (18)In this section, employee includes a jobholder within the meaning of section 1 of the Pensions Act 2008 and employer is to be read accordingly.. (ii)the duties of the employer under Chapter 1 of Part 1 of the Pensions Act 2008 or under any corresponding provision in force in Northern Ireland, (iii)the administration of a pension scheme that is relevant to the discharge of those duties, or. Subsection (6) applies to any rules made by the Secretary of State under section 67 relating to a scheme, except rules taking effect at the same time as the order establishing the scheme. (1)The Employment Rights Act 1996 (c. 18) is amended as follows. Where the trustees have power to make rules, an order under section 67 may provide. The members of a sub-committee under sub-paragraph (5), must include at least one non-executive member of the Authority, and. (d)the scheme to which that entitlement relates is a qualifying scheme, and any scheme to which it has related on or after the employers first enrolment date has been a qualifying scheme. of the Tribunal), in paragraph 7(5). the scheme is an occupational pension scheme or a personal pension scheme, the scheme is registered under Chapter 2 of Part 4 of the Finance Act. (6)In relation to an offence under subsection (5) committed before the commencement of section 282 of the Criminal Justice Act 2003 (short sentences) the reference in subsection (5)(a) to 12 months has effect as if it were a reference to six months. (b)the scheme ceases to be a scheme of the relevant kind. (7)In section 238(2A)(a) of that Act (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section). (6)The regulations must provide for the notice, (a)to include information about the effect in relation to jobholders of giving notice under this section, and. the words from under this Act to the end become paragraph (a); under section 44 of the Pensions Act 2008 or any provision in force in Northern Ireland corresponding to that section. The Secretary of State may, with the consent of the Treasury, give financial assistance to the Authority. specify the contravention or failure to which the notice relates; notify the employer of the review process under section 43 and the right to make a reference under section 44 (as applied by section 53). 2 Pensions Act 2008 (c. 30) Part 1 - Pension scheme membership for jobholders Chapter 1 - Employers' duties Document Generated: 2018-02-21 Status: This version of this Act contains provisions that are prospective. It must when registered under that Chapter be a scheme such that a jobholders employer, if a participating employer, may comply with an enrolment duty by arranging for the jobholder to become an active member of the scheme. (9)In this section, the employers first enrolment date means the first day on which section 3 applies in the case of the employer (where that day falls within the transitional period for defined benefits and hybrid schemes). The report under sub-paragraph (3) must relate to the same period as the Authoritys report. 1. The Whole Act you have selected contains over 200 provisions and might take some time to download. who is supplied by a person (the agent) to do work for another person (the principal) under a contract or other arrangements made between the agent and the principal, who is not, as respects that work, a worker, because of the absence of a workers contract between the individual and the agent or the principal, and. regulate the procedure of its sub-committees; enable its sub-committees to regulate their own procedure subject to any provision it makes. In section 16 (agreements on financial provision). The effective interest rate for the 2017 plan year is 5.90%. (3)Where information to which this section applies is disclosed to the Regulator by virtue of subsection (2) above or section 19 of the Anti-terrorism, Crime and Security Act 2001 (disclosure of information held by revenue departments), it must, subject to subsections (4) and (5), be treated for the purposes of section 82 as restricted information. The publication must not be limited to electronic publication. Act you have selected contains over (4)An escalating penalty is a penalty which is calculated by reference to a prescribed daily rate. (2)The Secretary of State may by regulations provide that, where a certificate has been issued under section 7(1) of the Pension Schemes Act 1993 stating that the employment of the jobholder is contracted-out employment by reference to the scheme, paragraphs (b) and (c) of subsection (1) have effect with prescribed modifications. The name of the body is to be determined by order made by the Secretary of State. (1)In carrying out its functions under section 79(2) the Authority must have regard to the principles in subsection (2).
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