The Occupational Pension Schemes (Disclosure of Information) Regulations 1996

Basic information about the schemeE+W+S

4.—(1) Subject to the provisions of paragraph (4), the trustees of a scheme shall furnish in writing the information specified in Schedule 1 to persons and trade unions in the categories specified in paragraphs (2) and (3).

[F1(2) The information specified in Schedule 1 shall be given as of course, where practicable, to every prospective member, and where such information has not already been given to a person, it shall be given—

(a)where the trustees of the scheme have received jobholder information in relation to that person, to that person within 1 month of the scheme receiving that information, or

(b)where no jobholder information has been received, to that person within 2 months of his becoming a member of the scheme.

(2A)  To the extent that any information specified in Schedule 1 has not previously been given to a member who was a deferred member of the scheme on 5 th April 1997, such information shall be given to that member within 2 months of his becoming a pensioner member.]

(3) The information specified in Schedule 1 shall be given to—

(a)any member or prospective member of, or beneficiary under, the scheme;

(b)the spouse [F2or civil partner] of any member or prospective member; or

(c)any independent trade union recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme,

on request (except where the same information was furnished to that person or trade union in the 12 months prior to the request being made), as soon as practicable and in any event within 2 months of the request being made.

(4) Where different information is applicable to different members, prospective members and beneficiaries, nothing in this regulation shall be construed as requiring the trustees to disclose information in relation to a member, prospective member or beneficiary that is not relevant to that person’s rights or prospective rights under the scheme, or, where disclosure is made to a trade union, of any matter which is not relevant to the rights or prospective rights of members or prospective members who are of a class of employee in relation to which the trade union is a recognised trade union for the purposes of collective bargaining.

(5) [F3Subject to paragraph (5A),] the trustees shall notify all members and beneficiaries (except excluded persons) of any change in relation to the scheme which will result in a material alteration in the information referred to in paragraphs 1 to 25 and 29 of Schedule 1, before that change takes effect, where it is practicable so to do, and in any event not later than 3 months after that change has taken effect.

[F4(5A) Paragraph (5) does not apply where the change in relation to the scheme results in a material alteration in information which the trustees of the scheme are not required to give or disclose by virtue of paragraph (4).]

(6) When any information specified in Schedule 1 is provided, it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.

Textual Amendments