The Public Service Pensions (Record Keeping and Miscellaneous Amendments) Regulations 2014

Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996

7.  For regulation 16A of the Occupational Pension Schemes (Scheme Administration) Regulations 1996(1) (exemptions from the requirement to notify the Authority or the member of a late contribution payment) substitute—

“Exemptions from the requirement to notify the Authority or the member of a late contribution payment

16A.— (1) Subject to paragraph (3), where an amount corresponding to any contribution payable on behalf of an active member of an occupational pension scheme—

(a) is deducted from that member’s earnings in respect of any employment; and

(b) is not paid to the trustees or managers of the scheme within the period of 19 days beginning on the first day of the month after which the deduction is made,

the trustees or managers do not need to give notice of the failure to pay that amount within that period to the Authority or member in the circumstances specified in paragraph (2).

(2) The specified circumstances are where the trustees or managers of the scheme are exempt from the requirement—

(a) to secure the preparation, maintenance and revision of a payment schedule for the purposes of section 87(1) of the 1995 Act (schedules of payments to money purchase schemes), by virtue of regulation 17(2); or

(b) to prepare, review and if necessary revise a schedule of contributions under section 227 of the 2004 Act (schedule of contributions), by virtue of any of sub-paragraphs (a) to (i) and (k) to (m) of regulation 17(1) of the Occupational Pension Schemes (Scheme Funding) Regulations 2005(3).

(3) Paragraph (1) does not apply in circumstances where the scheme is a public service pension scheme.

(4) For the purposes of this regulation—

“the 2013 Act” means the Public Service Pensions Act 2013;

“connected”, “new public body pension scheme” and “statutory pension scheme” have the meanings given in section 37 of the 2013 Act (general interpretation);

“public service pension scheme” means—

(a)

a scheme established under section 1 of the 2013 Act (schemes for persons in public service);

(b)

a new public body pension scheme;

(c)

any statutory pension scheme which is connected with a scheme referred to in paragraph (a) or (b).”.

(1)

S.I. 1996/1715. Regulation 16A was inserted by regulation 2(3) of S.I. 2000/679 and substituted by regulation 4(5) of S.I. 2005/2426 as amended by regulation 20(1) of, and paragraph 14 of Schedule 3 to, S.I. 2005/3377.

(2)

Regulation 17 was substituted by regulation 3(10), and amended by regulation 4(6), of S.I. 2005/2426.

(3)

S.I. 2005/3377. Relevant amending instruments are S.I. 2006/1733, 2007/814, 2007/3014, 2009/615 and 2009/1906.