The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022

1.  The other information to be included in an application, in relation to whether the scheme is financially sustainable, is— E+W+S

(a) in relation to whether the scheme has sufficient financial resources to meet the costs mentioned in section 14(2)(a) of the Act (financial sustainability requirement)—

(i) an estimate of the cost of setting up the scheme;

(ii) an estimate of the cost of running the scheme, in accordance with any requirements set out in a Code;

(iii) details of the scheme’s sources of income including estimates of the amount of income from each source, in accordance with any requirements set out in a Code;

(iv) the trustees’ strategy for meeting any shortfall between the scheme’s income and the costs mentioned in section 14(2)(a) of the Act;

(v) an explanation of how any estimates provided have been calculated and of the assumptions used in reaching those estimates;

(vi) an explanation of the circumstances in which, and the extent to which, the scheme’s actual costs and income may vary from the estimates provided and any measures in place to address such variations;

(vii) where one or more employers in relation to the scheme has agreed to fund any of the costs mentioned in section 14(2)(a) of the Act, the following financial information in respect of each such employer to the extent it is available—

(aa) a cash flow statement for the previous 12 months, including any undrawn overdraft facility or revolving credit facility;

(bb) forecast and actual profit and loss for the previous 12 months;

(cc) budget for the year to date and any variation from that budget;

(dd) cash resources;

(ee) cash flow forecast for each of the following four quarters;

(ff) operating costs;

(gg) inter-company loans and other forms of funding;

(hh) the employer’s most recent accounts;

(ii) such further information, concerning the financial position of the employer, as is set out in a Code;

(viii) details of any financing arrangements entered into by the trustees in respect of the costs mentioned in section 14(2)(a) of the Act;

(ix) details of the security and enforceability of any loans or other funding commitments provided to the trustees in respect of the scheme, including the reasons why the trustees consider these commitments to be secure and enforceable;

(x) where the scheme has any arrangements with service providers that meet the description in paragraph 2(i), details of the matters set out in that paragraph in respect of each arrangement;

(xi) details of any insurance held in respect of the scheme, in respect of the costs mentioned in section 14(2)(a) of the Act, including details of the matters set out in paragraph 2(j);

(b) in relation to whether the scheme has sufficient financial resources to meet the costs mentioned in section 14(2)(b) of the Act—

(i) an estimate of the costs mentioned in section 14(2)(b)(i) of the Act;

(ii) an estimate of the costs mentioned in section 14(2)(b)(ii) of the Act;

(iii) the trustees’ strategy for meeting the costs mentioned in section 14(2)(b) of the Act;

(iv) the amount and classes of assets held by, or that will be available to, the trustees to meet those costs;

(v) an explanation of how any estimates provided have been calculated and of the assumptions used in reaching those estimates;

(vi) where one or more employers in relation to the scheme has agreed to fund any of the costs mentioned in section 14(2)(b) of the Act, the following financial information in respect of each employer to the extent it is available—

(aa) a cash flow statement for the previous 12 months, including any undrawn overdraft facility or revolving credit facility;

(bb) forecast and actual profit and loss for the previous 12 months;

(cc) budget for the year to date and any variation from that budget;

(dd) cash resources;

(ee) cash flow forecast for each of the following four quarters;

(ff) operating costs;

(gg) inter-company loans and other forms of funding;

(hh) the employer’s most recent accounts;

(ii) such further information, concerning the financial position of the employer, as is set out in a Code;

(vii) details of the security and enforceability of any loans or other funding commitments provided to the trustees in respect of the scheme, including the reasons why the trustees consider these commitments to be secure and enforceable;

(viii) details of any insurance held in respect of the scheme in respect of the costs mentioned in section 14(2)(b) of the Act, including details of the matters set out in paragraph 3(i);

(ix) details of any compensation for which members are eligible in the event of a scheme failure, including details of the matters set out in paragraph 3(k) of this Schedule.

Commencement Information

I1 Sch. 3 para. 1 in force at 1.8.2022, see reg. 1(3)