The Pension Schemes Bill 2020

January 17, 2020

The Pension Schemes Bill made it to its second reading before it had to be shelved when the General Election was called.  However, it has now been reintroduced, in the House of Lords, in much the same form, with only minor changes to wording in some places.  The Bill covers:

  • powers for the Pensions Regulator,
  • the introduction of Collective Money Purchase schemes,
  • changes to the Scheme Funding régime and
  • the Pensions Dashboard.

Powers for the Pensions Regulator (“TPR”) 

Contribution Notice régime

The Bill extends the Contribution Notice (“CN”) regime, under which TPR may require an individual or a company to pay money into a scheme.  Two new grounds for a CN are introduced:

  • the employer insolvency test, where a party’s action or failure to act reduces materially the debt that may be recovered by the scheme, and
  • the employer resource test, where a party’s action or failure to act reduces materially the resources of the scheme employer relative to the scheme’s estimated section 75 debt.

TPR can issue a CN only if it is reasonable to do so.  The Bill extends the list of matters that TPR can take account of when assessing reasonableness.  Failure to comply with a CN will become a criminal offence, punishable by a fine.

Other new criminal offences

The Bill introduces two other new criminal offences, each of which is punishable by a fine and/or imprisonment for up to 7 years.  The two offences are the avoidance of an employer debt and conduct that risks accrued scheme benefits.

Information gathering

The Bill extends the notifiable event framework, prescribing more detail that must be provided in respect of notifiable events.  Failure to notify TPR, or knowingly to provide false or misleading information, will be punishable by a fine of up to £1 million.

TPR’s powers to gather information and to impose penalties for non-compliance with its requests are also extended by the Bill.

Collective Money Purchase schemes

The Bill provides a legislative framework for Collective Money Purchase schemes.  These are schemes with a fixed rate of contribution, that provide a target level of benefit to members.  Unlike in a defined benefit scheme, if the assets are insufficient to meet the value of the target benefits granted, the benefits may be adjusted accordingly.  These provisions are, initially, in response to demand from the Royal Mail and the Communication Workers’ Union, who have undertaken to establish such a scheme.

Scheme Funding 

The Bill requires trustees to set a funding and investment strategy, to include the funding level the trustees aim to achieve, and the investments they intend to hold, on a specified future date or dates.  Regulations may prescribe actuarial assumptions to be used for this purpose.  Trustees will have to consult the employer and produce a statement of the funding and investment strategy, setting out:

  • the extent to which the strategy is being implemented successfully and the steps to be taken (if necessary) to remedy the position,
  • the main risks to the strategy and how they will be managed or mitigated and
  • reflection on significant decisions taken in the past.

Technical provisions will have to be set in a manner that is consistent with the trustees’ strategy and actuarial valuations will have to be sent to TPR (currently only a summary is submitted to TPR).

Fines may apply for non-compliance. 

Pensions Dashboards 

Dashboards are online services that will enable individuals to see information relating to all their pension arrangements in one place.  The Bill stipulates requirements that commercial dashboards will have to satisfy and imposes requirements on trustees to provide certain information to the dashboards.  Such information will include not just details relating to members’ entitlements but also information about a scheme’s constitution and its finances.

Transfer values 

The Bill introduces new restrictions into the legislation about transfer values, with the aim of preventing transfers to scam vehicles.

Other news

The Chancellor’s Mansion House speech – and associated consultations

In a speech at Mansion House on 10 July, the Chancellor Jeremy Hunt set out a comprehensive set of initiatives intended to boost pension savings and investment in British businesses. He said the ‘Mansion House Reforms’ could increase the average savers’ pension pot by around £16,000, or 12%, with the aim of increasing investment in […]

TPR Annual Funding Statement 2023

Summary The Pensions Regulator has published its annual funding statement, providing guidance for those pension schemes whose actuarial valuation dates fall between 22 September 2022 and 21 September 2023 (“tranche 18”), although it should be of interest to other schemes as well. TPR suggests that most schemes will have improved funding levels, as a result […]

Further Regulator guidance on Liability-driven Investment (LDI)

TPR has published updated guidance setting out practical steps trustees can take to manage risks when using leveraged LDI. Overview TPR acknowledges that LDI is useful for reducing the risk to a scheme’s funding level from falls in long-term interest rates and/or rises in the market’s inflation expectations. LDI can be leveraged or unleveraged; the […]

Review of divorce law

The Ministry of Justice has asked the Law Commission of England and Wales to conduct a review of the laws that determine how finances are divided on divorce or on dissolution of a civil partnership. The review will look at financial remedy orders, which are a key part of the proceedings surrounding a divorce or […]

Spring Budget 2023

The Chancellor surprised the industry on 15 March, when he announced that the Lifetime Allowance (LTA) would be scrapped.  The LTA stands currently at £1.073 million and anyone crystallising benefits in excess of this (and who does not have one of the many protections available) is liable to a LTA charge.  The charge is 25% […]