The Occupational Pension Schemes (Disclosure of Information) Regulations 1996

Citation, commencement and interpretation E+W+S

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 and shall come into force on 6th April 1997.

(2) In these Regulations, unless the context otherwise requires—

“the 1993 Act” means the Pension Schemes Act 1993;

“the 1995 Act” means the Pensions Act 1995;

[F1 “the 2004 Act” means the Pensions Act 2004;]

“accrued rights” has the meaning given in section 124(2) of the 1995 Act;

“active member” has the meaning given in section 124(1) of the 1995 Act;

“the actuary” has the meaning given in section 47(1)(b) of the 1995 Act;

[F2 “address” means postal address (except in the phrases “postal address”, “electronic address” and “website address”);]

“the auditor” has the meaning given in section 47(1)(a) of the 1995 Act;

“beneficiary”, in relation to a scheme, means a person, other than a member of the scheme, who is entitled to the payment of benefits under the scheme;

F3 ...

[F4 ‘contracted-out employment’ shall be construed in accordance with section 8 of the 1993 Act;]

“deferred member” has the meaning given in section 124(1) of the 1995 Act;

[F5 “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;]

“employer”, in relation to a member or prospective member of a scheme, means—

(a) in the case of an employed earner, the secondary contributor (within the meaning of section 7 of the Social Security Contributions and Benefits Act 1992 M1 ) in relation to any payment of earnings in respect of the employment concerned, and

(b) in the case of a self-employed earner, any other person, government department or public authority who has made, or is to make, payments to the scheme in respect of the earner;

[F6 “excluded person” means a member or beneficiary—

(a) whose present postal address and electronic address is not known to the trustees of the scheme; and

(b) in respect of whom the trustees of the scheme have sent correspondence to their last known—

(i) postal address and that correspondence has been returned, or

(ii) electronic address and the trustees of the scheme are satisfied that that correspondence has not been delivered;]

“funded”, in relation to benefits under a scheme, means provided by setting aside resources (other than assets at the disposal of the employer of any person who is employed in relevant employment) in advance which are related to the intended rate or amount of the benefits;

[F7 ‘illustration date’ means, in relation to any information provided, or to be provided, under paragraph 6ZA(1) of Schedule 2, the date specified by the trustees as the date by reference to which amounts are calculated for the purpose of providing the information;]

“independent person” has the meaning given in section 23(3) of the 1995 Act;

M2 “independent trade union” has the meaning given in section 235(1) of the Employment Rights Act 1996 ;

[F8 “jobholder information” means the information specified in regulation 3 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010.]

“managers” has the meaning given in section 124(1) of the 1995 Act;

“member” has the meaning given by section 124(1) of the 1995 Act;

F9 ...

“money purchase benefits” means benefits the rate or amount of which are calculated by reference to a payment or payments made by the member, or by any other person in respect of the member, and which are not average salary benefits;

[F10 “money purchase contracted-out scheme" has the meaning given in section 181(1) of the 1993 Act;]

“money purchase scheme” means a pension scheme under which all the benefits that may be provided [F11 other than death benefits] are money purchase benefits;

F12 ...

[F13 “normal benefit age” has the meaning given by section 101B of the 1993 Act;]

“normal pension age” has the meaning given by section 180 of the 1993 Act;

[F14 “pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;

pension credit member” has the meaning given by section 124(1) of the 1995 Act;]

“pensionable service” has the meaning given by section 124(1) of the 1995 Act;

“pensioner member” has the meaning given by section 124(1) of the 1995 Act;

“professional advisers” has the meaning given by section 47 of the 1995 Act;

“prospective member” means any person who, under the terms of his contract of service [F15 or the scheme rules or both]—

(a) is able, at his own option, to become a member of the scheme,

(b) will become so able if he continues in the same employment for a sufficiently long period,

(c) will be admitted to it automatically unless he makes an election not to become a member, or

(d) may be admitted to it subject to the consent of his employer;

F16 ...

“public service pension scheme” has the meaning given by section 1 of the 1993 Act;

[F17 “the Regulator” means the Pensions Regulator established under section 1 of the 2004 Act;]

“Regulatory Authority” means [F18 the Pensions Regulator];

“relevant employment” means any employment to which the scheme relates;

[F19 ‘the relevant guidance’ means the document entitled “Technical Memorandum TM1: Statutory Money Purchase Illustrations” which—

[F20 (a) is adopted or prepared, and from time to time revised, by [F21 the Financial Reporting Council Limited];]

(b) F22 ... ]

“request” means a request in writing;

[F23 ‘retirement date’ means, in relation to a member—

(a) the date which he has specified to the trustees, and which is acceptable under the rules of the scheme, for the purpose of paragraph 6ZA(1) of Schedule 2; or

(b) where no acceptable date has been specified for that purpose, the date specified by the trustees as being the appropriate date for the purpose of paragraph 6ZA(1);]

“scheme” means an occupational pension scheme;

“scheme year”, in relation to a scheme, means—

(a) a year specified for the purposes of the scheme in any document comprising the scheme or, if none, a period of 12 months commencing on 1st April or on such other date as the trustees select; or

(b) such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees—

(i) in connection with the commencement or termination of the scheme, or

(ii) in connection with a variation of the date on which the year or period referred to in paragraph (a) is to commence;

M3 “simplified defined contribution scheme” means a scheme approved by the Commissioners of Inland Revenue under section 591 of the Income and Corporation Taxes Act 1988 and which provides benefits which are limited by reference to—

(a) the aggregate amount of the contributions which can be paid by a member and his employer, and

(b) the maximum lump sum retirement benefit which can be provided under the scheme;

“tax-approved scheme” means a scheme which is—

(a) approved by the Commissioners of Inland Revenue for the purposes of sections 590 or 591 of the Income and Corporation Taxes Act 1988, or

(b) a statutory scheme as defined in section 611A of that Act M4 ;

[F24 (c) approved by the Commissioners of the Inland Revenue under Chapter IV of Part XIV of that Act;]

“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme, except in relation to a scheme established outside the United Kingdom, and in such a case “trustees” means the person or body treated by the Commissioners of Inland Revenue for the time being as the administrator of the scheme for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988;

“wholly insured scheme” means a scheme under which all the benefits provided are secured by a policy or policies of insurance or an annuity contract or contracts.

(3) Except in so far as the context otherwise requires, any reference—

(a) in these Regulations to a numbered regulation or Schedule is to the regulation in, or, as the case may be, the Schedule to, these Regulations bearing that number;

(b) in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule bearing that number;

(c) in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.

Textual Amendments

F1 Words in reg. 1(2) inserted (30.12.2005) by The Occupational Pension Schemes (Scheme Funding) Regulations 2005 (S.I. 2005/3377) , regs. 1 , 20(1) , Sch. 3 paras. 2(2)(a) (with Sch. 3 para. 3 )

F2 Words in reg. 1(2) inserted (1.12.2010) by The Occupational, Personal and Stakeholder Pension Schemes (Disclosure of Information) (Amendment) Regulations 2010 (S.I. 2010/2659) , regs. 1(2) , 3(2)(a)

F3 Words in reg. 1(2) omitted (9.8.2012) by The Occupational and Personal Pension Schemes (Prescribed Bodies) Regulations 2012 (S.I. 2012/1817), reg. 1(2), Sch. 1, para. 5(a)

F4 Words in reg. 1(2) inserted (6.4.2003) by The Occupational and Personal Pension Schemes (Disclosure of Information) Amendment Regulations 2002 (S.I. 2002/1383), regs. 1(2), 3(2)(a)

F5 Words in reg. 1(2) inserted (1.12.2010) by The Occupational, Personal and Stakeholder Pension Schemes (Disclosure of Information) (Amendment) Regulations 2010 (S.I. 2010/2659) , regs. 1(2) , 3(2)(b)

F6 Words in reg. 1(2) substituted (1.12.2010) by The Occupational, Personal and Stakeholder Pension Schemes (Disclosure of Information) (Amendment) Regulations 2010 (S.I. 2010/2659) , regs. 1(2) , 3(2)(c)

F7 Words in reg. 1(2) inserted (6.4.2003) by The Occupational and Personal Pension Schemes (Disclosure of Information) Amendment Regulations 2002 (S.I. 2002/1383), regs. 1(2), 3(2)(b)

F8 Words in reg. 1(2) inserted (1.10.2012) by The Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations 2012 (S.I. 2012/1811), regs. 1(2), 2(2)

F9 Words in reg. 1(2) omitted (6.4.2012) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011 (S.I. 2011/1246) , arts. 1(2)(a) , 11(2)(a)

F10 Words in reg. 1(2) inserted (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786) , reg. 1 , Sch. 1 para. 10(2)(b)

F11 Words in reg. 1(2) inserted (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786) , reg. 1 , Sch. 1 para. 10(2)(c)

F12 Words in reg. 1(2) revoked (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786) , reg. 1 , Sch. 1 para. 10(2)(d) , Sch. 2

F13 Words in reg. 1(2) inserted (1.12.2000) by The Pension Sharing (Consequential and Miscellaneous Amendments) Regulations 2000 (S.I. 2000/2691) , regs. 1 , 5(2)(b)

F14 Words in reg. 1(2) inserted (1.12.2000) by The Pension Sharing (Consequential and Miscellaneous Amendments) Regulations 2000 (S.I. 2000/2691) , regs. 1 , 5(2)(c)

F15 Words in reg. 1 substituted (1.10.2000) by The Stakeholder Pension Schemes Regulations 2000 (S.I. 2000/1403) , regs. 1(2) , 28(2)(a)

F16 Words in reg. 1(2) omitted (6.4.2013) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011 (S.I. 2011/1246), arts. 1(2)(b), 28(a)

F17 Words in reg. 1(2) inserted (30.12.2005) by The Occupational Pension Schemes (Scheme Funding) Regulations 2005 (S.I. 2005/3377) , regs. 1 , 20(1) , Sch. 3 paras. 2(2)(b) (with Sch. 3 para. 3 )

F18 Words in reg. 1(2) substituted (6.4.2005) by Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/704) , regs. 1(2) , 20(2)

F19 Words in reg. 1(2) inserted (6.4.2003) by The Occupational and Personal Pension Schemes (Disclosure of Information) Amendment Regulations 2002 (S.I. 2002/1383), Reg. 1(2), Reg. 3(2)(c)

F20 Words in reg. 1(2) substituted (6.4.2007) by Occupational and Personal Pension Schemes (Prescribed Bodies) Regulations 2007 (S.I. 2007/60), reg. 1, Sch. para. 5(b)

F21 Words in reg. 1(2) substituted (9.8.2012) by The Occupational and Personal Pension Schemes (Prescribed Bodies) Regulations 2012 (S.I. 2012/1817) , reg. 1 , Sch. para. 5(b)

F22 Words in reg. 1(2) omitted (1.10.2008) by virtue of Pensions Act 2007 (Actuarial Guidance) (Consequential Provisions) Order 2008 (S.I. 2008/2301) , art. 1 , Sch. para. 1(b)

F23 Words in reg. 1(2) inserted (6.4.2003) by The Occupational and Personal Pension Schemes (Disclosure of Information) Amendment Regulations 2002 (S.I. 2002/1383), regs. 1(2), 3(2)(d)

F24 Words in reg. 1 added (1.10.2000) by The Stakeholder Pension Schemes Regulations 2000 (S.I. 2000/1403) , regs. 1(2) , 28(2)(b)

Modifications etc. (not altering text)

C1 Regs. 1 2 applied (1.10.2000) by The Stakeholder Pension Schemes Regulations 2000 (S.I. 2000/1403) , regs. 1(2) , 32 , Schs. 2

C2 Reg. 1(2) applied (with modifications) (6.4.2011) by The Application of Pension Legislation to the National Employment Savings Trust Corporation Regulations 2011 (S.I. 2011/673) , regs. 1(1) , 2(a)

Marginal Citations

M1 1992 c.4 .

M2 1996 c.18 .

M3 1988 c.1 .

M4 Section 611A was inserted by section 75 of and Schedule 6, Part I, paragraphs 1, 15, 18(1) to the Finance Act 1989 (c.26) .