The Pensions Act 2007 (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Amendments) Regulations 2011

Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987 E+W+S

2.—(1) The Personal Pension Schemes (Disclosure of Information) Regulations 1987 M1 are amended as follows.

(2) In regulation 1(2) (interpretation) M2 , omit the definition of “contracted-out employment”.

(3) For regulation 3(4) (constitution of scheme) M3 , substitute—

“(4) The categories of persons mentioned in paragraphs (1) to (3) are—

(a) members of the scheme, and

(b) beneficiaries under the scheme.”.

(4) For regulation 4(3) (basic information about the scheme) M4 , substitute—

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

(a) members of the scheme, and

(b) beneficiaries under the scheme,

on request (not being a request made by a person within 3 years of the last occasion on which the same person was furnished with the information in accordance with paragraph (2) or this paragraph) as soon as practicable after that person requests it.”.

(5) In regulation 5 (information to be made available to individuals) M5 —

(a) omit paragraphs (6) and (7),

(b) in paragraph (8)—

(i) omit “the scheme is not an appropriate scheme and”, and

(ii) for “wind it up”, substitute “ wind up the scheme ”,

(c) for paragraph (9) substitute—

“(9) Subject to paragraph (9A), where a scheme ceases to be an appropriate scheme by virtue of section 15(1) of the Pensions Act 2007, the trustees shall—

(a) inform each member in relation to whom the scheme has ceased to be such a scheme (“the affected member”), except an excluded person, that the scheme has ceased to be an appropriate scheme, as soon as practicable and in any event not more than 1 month after the abolition date,

(b) furnish the affected member, except an excluded person, as soon as practicable and in any event not more than 4 months after the abolition date, with the information mentioned in paragraph 9 of Schedule 2, and

(c) where the scheme is unable to meet in full its liabilities to its members, furnish the affected member, except an excluded person, as soon as practicable and in any event not more than 4 months after the abolition date, with the information mentioned in paragraph 8 of Schedule 2.”, and

(d) after paragraph (9) insert—

“(9A) Paragraph (9) does not apply where the trustees have informed the affected member of the abolition date and have furnished the affected member with the information specified in paragraph (9)(b) and, if applicable, paragraph (9)(c), within the period of 12 months ending with the abolition date.”.

(6) In Schedule 1 (basic information about the scheme) M6 —

(a) omit paragraph 5, and

(b) in paragraph 6, for “(if the scheme is an appropriate scheme)” substitute “ (if the scheme was an appropriate scheme) ”.

(7) In Schedule 2 (information to be made available to individuals) M7 —

(a) in paragraph 1, for “for the whole or any part of that period” substitute “ at any time before the abolition date ”,

(b) in paragraph 2A—

(i) after sub-paragraph (3)(b)(i), add “ and ”,

(ii) omit sub-paragraph (3)(b)(iii), and the word “and” immediately preceding it, and

(iii) in sub-paragraph (7)(d), for “sub-paragraphs (3)(b)(iii) and (4)” substitute “ sub-paragraph (4) ”, and

(c) in paragraph 9—

(i) paragraph 9 is renumbered as sub-paragraph (1) of that paragraph, and

(ii) after sub-paragraph (1) as so renumbered, add—

“(2) A statement that, as a result of no longer being a member of a contracted-out scheme, the member may build up entitlement to an additional state pension from the date the scheme ceased to be an appropriate scheme.”.

Marginal Citations

M1 S.I. 1987/1110.

M2 The definition of “contracted-out employment” was inserted by S.I. 2002/1383.

M3 Regulation 3(4) was amended by S.I. 2005/2877.

M4 Regulation 4(3) was amended by S.I. 2005/2877.

M5 The relevant amending instruments are S.I. 1992/1531, 1994/1062 and 1997/786.

M6 The relevant amending instrument is S.I. 1997/786.

M7 Paragraph 1 was amended by S.I. 1988/474, 1992/1531, 1993/519, 1994/1062, 2006/744 and 2007/814. Paragraph 2A was inserted by S.I. 2002/1383 and amended by S.I. 2005/2877, 2006/744 and 2010/2659.