PART 4Pensions flexibilities

CHAPTER 2Independent advice

Great Britain

49Power to require employer to arrange advice for purposes of section 48

1

The Secretary of State may by regulations specify circumstances in which an employer must arrange or pay for a member of a pension scheme, or a survivor of a member of a pension scheme, to receive appropriate independent advice for the purpose of satisfying a requirement imposed by section 48.

2

Regulations under subsection (1) may, in particular—

a

impose limitations on the amount that an employer may be required to pay;

b

prohibit an employer from seeking in any way to recover, from a member or survivor, costs incurred by the employer in complying with the regulations;

c

provide for section 10 of the Pensions Act 1995 (civil penalties) to apply to a failure by an employer to comply with the regulations.

3

In this section “employer” has the meaning given by regulations made by the Secretary of State.