Explanatory Notes

Pension Schemes Act 2015

2015 CHAPTER 8

3 March 2015

Commentary on Sections

Part 2 – Collective Benefits

Section 24: Payment of amounts out of collective benefit funds

81.Regulations under this section will ensure that assets held in relation to collective benefits are used to provide those benefits. However there is a power to make exceptions to this general rule. It may be that there are some limited circumstances when it may be appropriate for an employer or some other party to be entitled to some share of any surplus from the scheme. For example where an employer wishes to assist a collective benefit scheme that falls into difficulty by putting some extra funds in, then to encourage such an action there may be arrangements in place to allow the possibility of full or partial repayment to the employer if the scheme has a future surplus. Regulations made under this section may make similar provisions to existing provisions in section 37 of the Pensions Act 1995 (payment of surplus to employer).