The Occupational Pension Schemes (Levies) Regulations 2005

PART 2 E+W+S [F1 ADMINISTRATION LEVY]

Textual Amendments

F1 Pt. 2 heading substituted (1.4.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(3)

Meaning of “the levies” in Part 2 E+W+S

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 3 omitted (1.4.2007) by virtue of Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(4)

[F3 Liability for the administration levy] E+W+S

4.—(1) The trustees or managers of each eligible scheme are liable to pay a levy (“the administration levy”) to the Secretary of State in respect of the scheme for the purpose of meeting—

(a) expenditure of the Secretary of State relating to the establishment of the Board;

(b) any expenditure of the Secretary of State under section 116 of the 2004 Act.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F5 The administration levy is] payable in respect of each financial year.

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) [F7 The administration levy in respect of a financial year is] payable on the first day of that year, unless paragraph (6) applies.

(6) If a scheme is not an eligible scheme on that day but becomes such a scheme during the financial year, [F8 the administration levy is] payable on the day after that on which that year ends.

Textual Amendments

F3 Heading to reg. 4 substituted (1.4.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(5)(a)

F4 Reg. 4(2) omitted (1.4.2007) by virtue of Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(5)(b)

F5 Words in reg. 4(3) substituted (1.4.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(5)(c)

F6 Reg. 4(4) omitted (1.4.2007) by virtue of Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(5)(d)

F7 Words in reg. 4(5) substituted (1.4.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(5)(e)

F8 Words in reg. 4(6) substituted (1.4.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(5)(f)

The reference day E+W+S

5.—(1) The amount of [F9 the administration levy] payable for a financial year (“the levy year”) in respect of a scheme is calculated by reference to the number of the scheme's members on the reference day.

(2) In the case of a scheme established on or before 31st March 2005, for the levy [F10 year] beginning on 1st April 2005F11 ..., the reference day is 31st March 2005.

(3) In the case of a scheme established on or after 1st April 2005, for the levy [F12 year] beginning on 1st April 2005F13 ..., the reference day is the date on which the scheme becomes a registrable scheme.

(4) For a levy year beginning on or after [F14 1st April 2006] the general rule is that the reference day for a scheme is the last day of the scheme year which ended before the beginning of the previous levy year.

(5) But if the scheme was established too late to have such a scheme year, the reference day is the date on which the scheme becomes a registrable scheme.

(6) In this regulation and regulation 6 “member”, in relation to a scheme, does not include a life member of the scheme, unless he–

(a) is a pensioner or pension credit member of the scheme, or

(b) would be a deferred member if he were not an active member.

Textual Amendments

F9 Words in reg. 5(1) substituted (1.4.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(6)

F10 Word in reg. 5(2) substituted (1.4.2006) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(a)(i)

F11 Words in reg. 5(2) omitted (1.4.2006) by virtue of Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(a)(ii)

F12 Word in reg. 5(3) substituted (1.4.2006) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(a)(i)

F13 Words in reg. 5(3) omitted (1.4.2006) by virtue of Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(a)(ii)

F14 Words in reg. 5(4) substituted (1.4.2006) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (S.I. 2006/935), regs. 1(1), 2(3)(b)

The amount payable E+W+S

6.—(1) In the case of the administration levy, the amount payable for a financial year in respect of a scheme with the number of members on the reference day that is specified in column 1 of the table for that levy for that year is—

(a) the amount specified for such a scheme in column 2 of the table (where M is the number of the scheme's members on the reference day); or

(b) if no amount is so specified or an amount which is greater is specified for such a scheme in column 3 of the table, that amount.

[F15 (2) This is the table for the administration levy for the financial year ending with 31st March 2009 and for each financial year after that—

Column 1	Column 2	Column 3
Number of members on the reference day	Amount of levy calculated by reference to number of members (M)	Minimum amount of levy
2 to 11		£42
12 to 99	£4.33 x M
100 to 999	£3.12 x M	£430
1,000 to 4,999	£2.43 x M	£3,120
5,000 to 9,999	£1.84 x M	£12,150
10,000 or more	£1.29 x M	£18,400.]

(3) If, in any case where the reference day is determined in accordance with regulation 5(2) (31st March 2005), the number of members of the scheme on that day differs from the number according to the register compiled and maintained under regulations made under section 6 of the 1993 Act, the number according to that register is to be taken as the number on that day for the purposes of these Regulations.

(4) For schemes that are eligible schemes for only part of the financial year, see regulation 7.

Textual Amendments

F15 Reg. 6(2) substituted (31.3.2008) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2008 (S.I. 2008/910), regs. 1, 2

Schemes eligible for only part of the financial year E+W+S

7.—(1) This regulation applies if a scheme that is not an eligible scheme at the beginning of a financial year becomes such a scheme during that year.

(2) The amount of [F16 the administration levy] payable in respect of the scheme for that year is such proportion of the full amount so payable as the period beginning with the date on which it becomes such a scheme and ending with the financial year bears to the whole financial year.

Textual Amendments

F16 Words in reg. 7(2) substituted (1.4.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(3), 2(7)

[F17 Waiver of the administration levy E+W+S

7A.— (1) This regulation applies to an eligible scheme if, in respect of a financial year—

(a) any amount payable by way of any pension protection levy in respect of the scheme is waived under regulations made under section 181(8)(b) of the 2004 Act; and

(b) the scheme is not a scheme which is authorised under section 153 of the 2004 Act to continue as a closed scheme.

(2) In respect of the same financial year, any amount payable by way of the administration levy in respect of the scheme is also waived.]

Textual Amendments

F17 Reg. 7A inserted (30.3.2007) by Occupational Pension Schemes (Levies) (Amendment) Regulations 2007 (S.I. 2007/994), regs. 1(2), 4