SCHEDULES

SCHEDULE 9Reviewable matters

Section 206

1

The issue of a determination notice under section 123 approving a notice issued under section 122.

2

The failure to issue a determination notice under section 123.

3

The issue of, or failure to issue, a notice under section 122 by the Board by virtue of section 124 (Board’s duty where failure to comply with section 122).

F13A

The issue of, or failure to issue, a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations 2005 (S.I.2005/590) (determination to validate or not to validate an estimate and statement provided by the actuary).

4

The issue of, or failure to issue—

(a)

a scheme failure notice under subsection (2) of section 130 (scheme rescue not possible), or

(b)

a withdrawal notice under subsection (3) of that section (scheme rescue has occurred).

5

Any direction given under subsection (2) of section 134 (directions during an assessment period) or any variation or revocation of such a direction under subsection (4) of that section.

6

The issue of a notice under section 136(2) (power to validate contraventions of section 135).

7

The making of a loan under section 139(2) (loans to pay scheme benefits), the amount of any such loan or the failure to make such a loan.

F27A.

Any determination by the Board under section 141(2) (determination on a review of an ill health pension that compensation in respect of the pension is to be determined in the prescribed manner).

8

The failure by the Board to obtain an actuarial valuation of a scheme under section 143(2).

9

The approval of, or failure to approve, a valuation in respect of an eligible scheme under section 144(2).

10

The issue of, or failure to issue, a withdrawal notice under or by virtue of—

(a)

section 146 (schemes which become eligible schemes), or

(b)

section 147 (new schemes created to replace existing schemes).

11

The issue of, or failure to issue, a withdrawal notice under section 148 (no insolvency event has occurred or is likely to occur).

12

The issue of, or failure to issue, a determination notice under section 152(3) (whether value of scheme assets less than aggregate of liabilities etc).

13

The issue of, or failure to issue, a determination notice under section 153(6) (authorisation to continue as closed scheme).

14

Any direction given under section 154(7) (directions about winding up of scheme with sufficient assets to meet protected liabilities) and any variation or revocation of such a direction.

15

The failure by the Board to give a transfer notice under section 160.

16

Any determination by the Board of a person’s entitlement to compensation under the pension compensation provisions or the failure in any case to make such a determination.

17

Any failure by the Board to make a payment required by section 163(4)(b) (adjustments to be made where Board assumes responsibility for a scheme).

F317A

The making of a payment under section 166(2) (amount of any pensions or other benefits which a person had become entitled to payment of under the scheme rules), the amount of any such payment or the failure to make such a payment.

18

Any determination by the Board under section 181(3)(a) (the eligible schemes in respect of which the initial levy or the pension protection levy is imposed) or the failure to make such a determination.

19

The amount of the initial levy or any pension protection levy payable in respect of an eligible scheme determined by the Board under section 181(3)(b).

20

The making of a fraud compensation payment under section 182(1), the amount of any such payment or the failure to make such a payment.

21

The issue of, or failure to issue, a notice under section 183(2) (scheme rescue not possible or having occurred in case of scheme which is not eligible etc).

22

Any settlement date determined by the Board under section 184(2) (recovery of value) or the failure to determine a settlement date under that provision.

23

Any determination by the Board under section 184(4) (recovery of value: whether amount received in respect of particular act or omission) or the failure to make such a determination.

24

The making of a payment under section 186(1) (interim payments), the amount of any such payment or the failure to make such a payment.

25

Any term or condition imposed by the Board—

(a)

under section 185(2) on the making of a fraud compensation payment, or

(b)

under subsection (4) of section 186 (interim payments) on the making of a payment under subsection (1) of that section.

26

Any determination by the Board under section 186(3)(b) (interim payments) that the amount of a payment was excessive.

27

Any date determined by the Board under section 187(4) (earliest date for making a fraud compensation transfer payment).

28

Any determination by the Board under section 187(6) (fraud compensation transfer payments: whether payment is received in respect of particular act or omission).

29

Any determination by the Board under section 189(7)(a) (occupational pension schemes in respect of which any fraud compensation levy is imposed) or the failure to make such a determination.

30

The amount of any fraud compensation levy payable in respect of an occupational pension scheme determined by the Board under section 189(7)(b).