The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013

PART 1 E+W+S Information to be given by occupational pension schemes that fall within paragraph 1 of Schedule 1

1.  The conditions persons must meet to become members of the scheme and a summary of the categories of persons who are eligible to become members of the scheme. E+W+S

2.  How persons who are eligible to be members of the scheme are admitted to it. E+W+S

3.  A summary of what can be done with a member's accrued rights where the member leaves pensionable service before normal pension age, including whether accrued rights can be transferred out of the scheme, converted into an annuity [F1 , designated as available for the payment of drawdown pension] and commuted to a lump sum. E+W+S

Textual Amendments

F1 Words in Sch. 2 para. 3 inserted (6.4.2015) by The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2015 (S.I. 2015/482), regs. 1, 11(2)

4.  A statement relating to the matters mentioned in paragraph 3— E+W+S

(a) as to whether a charge may be made, and

(b) that further information is available on request.

[F2 4A.   Where the member has flexible benefits, a statement explaining the circumstances in which the member may transfer accrued rights to flexible benefits out of the scheme. E+W+S

Textual Amendments

F2 Sch. 2 paras. 4A, 4B inserted (6.4.2015) by The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2015 (S.I. 2015/482), regs. 1, 11(3)

4B.   Where the member has safeguarded benefits (which has the meaning given in section 48(8) of the Pension Schemes Act 2015 (independent advice in respect of conversions and transfers)), a statement that the member may be required to take independent advice before the member may— E+W+S

(a) convert any of the safeguarded benefits into different benefits that are flexible benefits under the scheme;

(b) transfer safeguarded benefits to another pension scheme with a view to acquiring a right or entitlement to flexible benefits; and

(c) withdraw an uncrystallised funds pension lump sum (which has the meaning given in paragraph 4A of Schedule 29 to the Finance Act 2004 (uncrystallised funds pension lump sum)).]

Textual Amendments

F2 Sch. 2 paras. 4A, 4B inserted (6.4.2015) by The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2015 (S.I. 2015/482), regs. 1, 11(3)

5.  Whether the scheme is a tax registered scheme or, if not, whether an application for the scheme to become a tax registered scheme is under consideration by the Commissioners for Her Majesty's Revenue and Customs. E+W+S

6.  A statement that explains whether transfers can be made into the scheme, including whether such transfers can be made in accordance with [F3 Chapters 1 and 2 of Part 4ZA of the 1993 Act (transfers and contribution refunds)]. E+W+S

Textual Amendments

F3 Words in Sch. 2 para. 6 substituted (6.4.2015) by The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2015 (S.I. 2015/482), regs. 1, 11(4)

7.  The arrangements, if any, for the payment by members of additional voluntary contributions. E+W+S

8.  A summary of how the contributions, if any, payable by the employer and the member are calculated. E+W+S

9.  Where the scheme is the National Employment Savings Trust Corporation established under section 75(1) of the Pensions Act 2008 M1 , a statement of the maximum amount, if any, of contributions that may be paid in any tax year in relation to a member of the scheme. E+W+S

Marginal Citations

M1 2008 c.30.

10.  A statement that— E+W+S

(a) the Pensions Advisory Service M2 is available at any time to assist members and beneficiaries with—

(i) pensions questions, and

(ii) issues they have been unable to resolve with the trustees or managers of the scheme,

(b) the Pensions Ombudsman M3 may investigate and determine certain complaints or disputes about pensions that are referred to the Ombudsman in accordance with the 1993 Act, and

(c) the Regulator may intervene in the running of schemes where trustees, managers, employers or professional advisers have failed in their duties.

Marginal Citations

M2 The Pensions Advisory Service is a company limited by guarantee under the Companies Act 2006 (c.46) and its registered number is 2459671.

M3 The Pensions Ombudsman is appointed under section 145(2) of the 1993 Act.

11.  The postal and electronic address at which each of the bodies referred to in paragraph 10 may be contacted. E+W+S

12.  Except where the scheme has no relevant employment which is contracted-out employment within the meaning of section 8 of the 1993 Act M4 (meaning of certain terms), which relevant employment is and which is not contracted-out employment. E+W+S

Marginal Citations

M4 Section 8 was amended by the 1995 Act, sections 151 and 177 Schedule 5, paragraph 23(a) and (b) and Schedule 7, Part 3; the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2), section 1(1) and Schedule 1, paragraph 34(a) and (b); the Pensions Act 2007, section 15(3)(a) and 27(2), Schedule 4, paragraphs 1, 3(1) to (4), 46 and 47 and Schedule 7, Part 7; the National Insurance Contributions Act 2008 (c.16), section 4(1) and Schedule 1, paragraphs 7 and 8(1) to (3) and S.I. 2005/2050.

13.  If a member of the scheme has to give a period of notice to terminate their pensionable service, the length of that period of notice. E+W+S

14.  Whether, and if so on what conditions (if any), a member of the scheme, whose pensionable service has terminated before normal pension age, may re-enter pensionable service. E+W+S

15.  The following information about benefits payable under the scheme (referred to in this paragraph as “ benefits”)— E+W+S

(a) what the benefits are,

(b) how benefits are calculated,

(c) how the scheme defines pensionable earnings, if appropriate,

(d) how and when benefits in payment are increased, if appropriate,

(e) the rate at which rights to benefits accrue, if appropriate,

(f) the conditions on which benefits are payable,

(g) when benefits (including survivor's benefits) are payable.

16.  Where the member has money purchase benefits, a statement that the value of the pension will depend on several factors including the amount of the contributions paid [F4 , any cost of exercising any right to transfer the benefits, any charges payable, the age at which the member accesses the benefits”], the performance of [F5 investments and any] cost of converting the benefit into an annuity. E+W+S

Textual Amendments

F4 Words in Sch. 2 para. 16 inserted (6.4.2015) by The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2015 (S.I. 2015/482), regs. 1, 11(5)(a)

F5 Words in Sch. 2 para. 16 substituted (6.4.2015) by The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2015 (S.I. 2015/482), regs. 1, 11(5)(b)

[F6 16A.   Where the member has rights to cash balance benefits, a statement that the value of the pension will depend on several factors including the amount of contributions paid[F7 , any cost of exercising any right to transfer the benefits, any charges payable, the age at which the member accesses the benefits], any guaranteed interest or bonuses [F8 applied and any] cost of converting the benefits into an annuity.] E+W+S

Textual Amendments

F6 Sch. 2 para. 16A inserted (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 79(6)(a) (with regs. 6, 41, 44(1), 47(1), 69(2), 72(1), 76(1)); coming into force immediately after s. 29 of 2011 c 19 - see S.I. 2014/1683, art. 2

F7 Words in Sch. 2 para. 16A inserted (6.4.2015) by The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2015 (S.I. 2015/482), regs. 1, 11(6)(a)

F8 Words in Sch. 2 para. 16A substituted (6.4.2015) by The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2015 (S.I. 2015/482), regs. 1, 11(6)(b)

17.  Except where the scheme is a public service pension scheme, a statement that the scheme annual report will be given on request. E+W+S

18.—(1) The scheme's internal dispute resolution arrangements. E+W+S

(2) The postal or electronic address and job title of the person who should be contacted to use those arrangements.

(3) This paragraph does not apply to a scheme within section 50(8) of the 1995 Act M5 (requirement for dispute resolution arrangements).

Marginal Citations

M5 Section 50 was substituted by the 2004 Act, section 273 and there are no relevant amendments.