(2)A police authority that maintains a police force is the relevant police authority. This section applies to a jobholder who is not an active member of a qualifying scheme. in sub-paragraphs (1) and (2), before employed by the Authority insert , if appointed as employees under paragraph 6(6A), are to be; in sub-paragraph (3)(a), omit employees who are. (c)such other matters as the Secretary of State may direct. (b)to be signed or otherwise authorised by the jobholder. gives the employer a further notice under this section. (1)Her Majesty may by Order in Council provide that, to the extent and for the purposes specified in the Order, the relevant provisions apply, with or without modification, in relation to a person in offshore employment. PURPOSE AND BACKGROUND. (a)the words after provision of become paragraph (a) of that subsection; and. if the person is employed by, or is acting in the matter for, the employer or an associated employer. 1. on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both; on summary conviction to a fine not exceeding the statutory maximum. The basics of workplace pensions (part 1): find out your staging date (3)In subsection (1), for the requirements set out below substitute the requirement in subsection (5). 7. (5)Subsection (2) does not apply to any action or omission at the members request. Worker means an individual who has entered into or works under. PDF DEFENCE SERVICES REGULATIONS PENSION REGULATIONS FOR THE ARMY Part-II for use for the purposes of functions relating to private pensions policy or retirement planning. Early childcare supplement increase in rate. to whom qualifying earnings are payable by the employer in the relevant pay reference period (see sections 13 and 15). (c)section 8(2)(b) (refund of contributions if jobholder opts out of scheme membership), and any provision of regulations under that provision, (d)section 10 (requirement to give information to workers), and any provision of regulations under that section, or. (2)Where a jobholder has more than one employer, or a succession of employers, this Chapter applies separately in relation to each employment. (a)the words from by this Act to the end become paragraph (a); (b)by section 44 of the Pensions Act 2008 or any provision in force in Northern Ireland corresponding to that section., (6)In section 103 of that Act (references to the Tribunal), after subsection (1) insert, (1A)A reference to the Tribunal under section 44 of the Pensions Act 2008 must be made during such period as may be specified in rules made under section 102.. Scheme administrator has the same meaning here as in that Part. (4)The second condition is that, in relation to the jobholder, there is an agreement between the provider of the scheme and the employer under which. by increasing the amount required to be paid in contributions, in order for the scheme to satisfy the requirements contained in section 20(1) or those requirements as modified under section 24(1)(a). (as regards trustees, or members of any corporate trustee) meetings, committees or delegation of functions; any exclusion of liability on the part of trustees, or the provision of any indemnity or insurance out of the funds of the scheme. (2)In the case of a pay reference period of less or more than 12 months, subsection (1) applies as if the amounts in paragraphs (a) and (b) were proportionately less or more. In relation to any person a pay reference period is the period prescribed. (b)every description of vessel used in navigation. (6)Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section by that or any other court or tribunal. (a)an officer of the association or a member of its governing body, or. (3)This section does not impose criminal liability on the Crown. (1)Section 146 of the Pension Schemes Act 1993 (c. 48) (functions of the Pensions Ombudsman) is amended as follows. Jobholders Employers' duties 2. This section applies to any requirement imposed on the employer by or under any provision of Chapter 1 of Part 1 of the Pensions Act 2008. 129. The scheme administrator must ensure that the scheme is and remains registered under Chapter 2 of Part 4 of the Finance Act 2004. The jobholder may by notice require the employer to arrange for the jobholder to become an active member of an automatic enrolment scheme. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. if J is not in contracted-out employment, all active members who are not in contracted-out employment and are jobholders of the same employer as J; if J is in contracted-out employment, all active members who are in contracted-out employment and are jobholders of the same employer as J. The Pension Schemes Act 1993 is amended as follows. (2)For the purposes of this section, the relevant provisions are. prevent the contravention being repeated. A scheme does not fail to satisfy the quality requirement under this section merely because the trustees or managers of the scheme may on any occasion refuse to accept a contribution below an amount prescribed for the purposes of this section on the grounds that it is below that amount. (7)But the trustees may not withhold their consent without giving reasons. (9)If an order establishes a scheme, any further provision that may be made by order in relation to the scheme may also be made by rules (and rules may be made so as to come into force at the same time as the establishing order). (a)at any time before the end of the minimum period under that section, the jobholder ceases to be an active member of the scheme or the scheme ceases to be a scheme of the relevant kind for the purposes of that section, (b)that event is not the effect of any action or omission by the jobholder or the employer, and. (1)An employer contravenes this section if the employer takes any action for the sole or main purpose of, (a)inducing a worker to give up membership of a relevant scheme without becoming an active member of another relevant scheme within the period prescribed under section 2(3), or. The first date in the timeline will usually be the earliest date when the provision came into force. Child benefit - new rates. (1)A person serving as a member of the naval, military or air forces of the Crown is not, by virtue of that service, a worker for the purposes of this Part. regulate the procedure of its sub-committees; enable its sub-committees to regulate their own procedure subject to any provision it makes. The second transitional period is a prescribed period of at least one year, beginning with the end of the first transitional period. Whether you're a builder, an architect or employ a personal care assistant, if you employ at least one person you are an employer and you have certain legal duties. (b)does not hold that office or appointment under a contract of employment. Subject to the following provisions of this section, the provisions of sections 48(2) to (4) and 49 of the Employment Rights Act 1996 (complaints to employment tribunals and remedies), apply in relation to a complaint under this section as they apply in relation to a complaint under section 48 of that Act, but taking references in those provisions to the employer as references to the employer within the meaning of section 55(1). On June 1, 2017, the actuary completes the 2017 valuation and notifies the plan sponsor that the minimum required contribution for the 2017 plan year is $100,000. (i)the administration of the employers business. They do not form part of the Act and have not been endorsed by Parliament. (2)The Secretary of State must in particular make a determination under subsection (1) by reference to a review under section 148 of the Social Security Administration Act 1992 (c. 5) (review of general level of earnings for revaluation of earnings factors). (1)Subject to subsection (3), a defined benefits scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder if the jobholder is in contracted-out employment. You there is at least one other person who is employed by the company under a contract of employment. Regulations under this section must state, Information to be given to the Pensions Regulator. The Secretary of State may by regulations make provision for this Part to apply with or without modifications. 3. (3)In this section, offshore employment has the same meaning as in section 201(1) of the Employment Rights Act 1996 (c. 18). a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or. The officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly. (1)The Secretary of State may by regulations provide that, subject to provision within subsection (6)(f), a scheme to which this section applies is to be taken to satisfy the relevant quality requirement in relation to any jobholder of an employer if a certificate given in accordance with the regulations is in force in relation to the employer. (5)If the compliance notice is issued in respect of a failure to comply with an enrolment duty and the specified steps relate to membership of a defined benefits scheme or a hybrid scheme, the notice may, in particular, require the employer to ensure that the worker is entitled to the same benefits under the scheme as if the employer had complied with that duty. If the compliance notice is issued in respect of a failure to comply with an enrolment duty and the specified steps relate to membership of a defined benefits scheme or a hybrid scheme, the notice may, in particular, require the employer to ensure that the worker is entitled to the same benefits under the scheme as if the employer had complied with that duty. (1)Where a jobholder is an active member of a qualifying scheme and a freezing event occurs in relation to the scheme, the jobholder does not, for the purposes of this Chapter, cease to be an active member of the scheme, and the scheme does not, for those purposes, cease to be a qualifying scheme, by virtue of any relevant provision. The Whole Subsection (3) applies if, in relation to a person who on the employers first enrolment date is a jobholder to whom section 3 applies, the conditions in subsection (2) are satisfied, and continue to be satisfied during the transitional period for defined benefits and hybrid schemes. to maximise compliance with the duties under Chapter 1 of Part 1 (and the safeguards in sections 50 and 54) of the Pensions Act 2008, In subsection (7), after paragraph (ba) insert. (2)The Secretary of State may by regulations provide that, to the extent and for the purposes specified in the regulations, the relevant provisions apply, with or without modification, in relation to a person employed or engaged in any capacity on board a ship (whether or not that person is working or ordinarily works in any part of the United Kingdom). (1)The Secretary of State must appoint a person to review in relation to a scheme established under section 67. (b)requesting information from an applicant, referee or other person in connection with an application for employment; (c)providing information about employment; (d)proposing terms or conditions of employment. (ii)that, if the worker chooses to pay that amount, it may be paid in instalments; (e)if the contributions are payable to a money purchase scheme, a hybrid scheme or a personal pension scheme, a requirement to pay interest on the amount required by the notice to be paid in respect of unpaid relevant contributions, at a rate and in respect of a period determined in accordance with regulations. (3)The composition and functions of the panels are to be determined by order under section 67, or by the trustees under an order. A pension scheme satisfies the requirements of this section if, it is registered under Chapter 2 of Part 4 of the Finance Act, in the case of a personal pension scheme, there are, in relation to the worker concerned, direct payment arrangements (within the meaning of section 111A of the Pension Schemes Act, The Secretary of State must make provision by regulations. Object of the scheme 3. The non-executive committee may establish a sub-committee. This Part has effect in relation to employment by or under the Crown as it has effect in relation to other employment. (5)For the purposes of subsection (4) the conditions regulating compromise agreements under this Act are that. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. It must be a scheme that complies with any provision of Northern Ireland legislation corresponding to subsection (4). Property held by the corporation is not to be regarded as property of, or property held on behalf of, the Crown. (1)An employer contravenes this section if any statement made or question asked by or on behalf of the employer for the purposes of recruitment indicates (expressly or impliedly) that an application for employment with the employer may be determined by reference to whether or not an applicant might opt out of automatic enrolment. (a)sections 20(1)(b) and 26(4)(b) have effect as if for 3% there were substituted 1%; (b)sections 20(1)(c) and 26(5)(b) have effect as if for 8% there were substituted 2%. Amendments of Schedule 7 to the Pensions Act 2004. (a)section 5(2) has effect as if the reference to an automatic enrolment scheme were, in relation to the relevant date, a reference to a scheme (the new scheme) of the kind referred to in subsection (3)(a), and. (4)In this section and sections 51 and 52, employer means the prospective employer in relation to any employment. (a)after a reference (in both places where it occurs) insert under this Act, or any provisions in force in Northern Ireland corresponding to this Act,; (3)The Lord Chancellor may by regulations make provision about the award of costs and expenses by the Tribunal on a reference made under section 44 of the Pensions Act 2008 or any provision in force in Northern Ireland corresponding to that section., (1)An offence is committed by an employer who wilfully fails to comply with. Quality requirement: UK defined benefits schemes. the scheme is an occupational pension scheme or a personal pension scheme, the scheme is registered under Chapter 2 of Part 4 of the Finance Act. (2)A defined benefits scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder who is not in contracted-out employment if it satisfies the test scheme standard in relation to that jobholder. If the Secretary of State determines under this section that the amounts in section 13(1)(a) and (b) have not maintained their value, the Secretary of State must make an order substituting in those provisions the amounts that the Secretary of State considers appropriate for maintaining their value. An unpaid contributions notice may, in particular. (1)The Secretary of State may by order provide for the winding up and dissolution of the Authority.. a money purchase scheme to which section 20 applies; a personal pension scheme to which section 26 applies; a hybrid scheme, to the extent that requirements within section 24(1)(a) apply. (1)The Regulator may issue a compliance notice to an employer if the Regulator is of the opinion that the employer has contravened section 50. the sum for the time being specified in section 124(1) of that Act which is the limit for a compensatory award to a person calculated in accordance with section 123 of that Act. (1)There is to be a body corporate, referred to in this Chapter as the trustee corporation. (a)the employers contributions are payable with effect from the automatic enrolment date; (b)any requirement of the scheme (in accordance with section 20(1)) for contributions to be payable by the jobholder does not apply in respect of the period of the jobholders membership before the closure date; (c)regulations made for the purposes of section 3(2)(b) must secure that the jobholder may pay, within a period prescribed by the regulations, any contributions which would have been payable by the jobholder but for paragraph (b) of this subsection. 3.After section 117 (PPF administration levy) insert Administration levy: interest 4.In section 173 (Pension Protection Fund), after subsection (1)(b) insert 5.After section 181 (calculation, collection and recovery of levies) insert 6.In section 188 (Fraud Compensation Fund), after subsection (1)(b) insert 7.After section 189 (fraud compensation levy) insert Fraud compensation levy: 8.In section 209 (Ombudsman for the Board of the Pension 9.In section 323(2)(b)(i) (provisions extending to Northern Ireland), for subsections Part 3 Contracting-out: abolition of all protected rights. (Not applied) Part 2 - Simplification etc Private pensions 100. Schedule 1 makes provision about the trustee corporation. (4)Subsection (2) does not apply if, within the prescribed period before the automatic re-enrolment date, the jobholder, (a)ceased to be an active member of a qualifying scheme because of any action or omission by the jobholder, or. In section 80(1)(a) of the Pensions Act 2004 (c. 35) (offences of providing false or misleading information), (a)at the end of sub-paragraph (iv) insert or. In the application of subsection (3) to a scheme in relation to which there is more than one employer, references to the employer have effect as if they were references to a person nominated by the employers, or by the scheme, to act as the employers' representative for the purposes of this section or, if no such nomination is made, to all of the employers. 109-280 ("PPA '06"), that are effective in 2008. The members of a sub-committee under sub-paragraph (5), must include at least one non-executive member of the Authority, and. A scheme established under this section is to be treated for all purposes as established under an irrevocable trust. (b)the agreement must relate to the particular proceedings. it satisfies any further conditions prescribed. (1)A test scheme is an occupational pension scheme which satisfies, (a)the requirements of subsections (2) and (4), and. at a time in that period before the employers first enrolment date, the jobholder became entitled to become an active member of a defined benefits scheme or a hybrid scheme, the jobholder is, and has always since that time been, entitled to become an active member of a defined benefits scheme or a hybrid scheme, and. (5)Where the worker has been working under arrangements which do not fall to be regarded as a workers contract for the purposes of the Employment Rights Act 1996, the worker is to be treated for the purposes of subsections (3) and (4) as if any arrangements under which the worker has been working constituted a workers contract falling within section 230(3)(b) of that Act. require the employer to provide within a specified period specified information relating to the contravention; require the employer to inform the Regulator, within a specified period, how the employer has complied or is complying with the notice; state that, if the employer fails to comply with the requirements of the notice, the Regulator may issue a penalty notice under section 52. We take a look at its key provisions: (2)Where a person becomes an active member of a scheme in accordance with regulations under this section, the employer must not take any action, or make any omission, by which within the minimum period, (a)the person ceases to be an active member of the scheme, or. any provision in force in Northern Ireland corresponding to any provision of this Part (and any enactment as amended by such a provision). In this Schedule the initial annual rate of compensation is (1) This paragraph applies for the purpose of determining the (1) Compensation is payable in accordance with this paragraph where (1) This paragraph applies where (a) the transferee dies (1) This paragraph applies where (a) the transferee dies after (1) This paragraph applies for the purpose of calculating the (1) A transferee who is entitled to periodic compensation under (1) Regulations may prescribe circumstances in which, and conditions subject (1) This paragraph applies where all of the following conditions An application for a terminal illness lump sum. Subsection (1) is not contravened if the jobholder becomes an active member of another qualifying scheme within the prescribed period. (14)In section 8 (interpretation), in subsection (1), omit the definition of designated scheme. Displays relevant parts of the explanatory notes interweaved within the legislation content. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Pensions Act 2008. 5. (4)In relation to any scheme, a jobholder is in contracted-out employment for the purposes of this section and section 22 if a certificate has been issued in respect of the jobholder under section 7(1) of the Pension Schemes Act 1993 (c. 48) stating that the employment of the jobholder is contracted-out employment by reference to the scheme. (a)omit the definition of qualifying scheme; (b)omit the definition of relevant employees. (6)The members of a sub-committee under sub-paragraph (5), (a)must include at least one non-executive member of the Authority, and. (1)Section 23 of the Pensions Act 2007 (c. 22) (winding up of the Authority) is amended as follows. the administration of the employers business, or work connected with that administration, is being carried out there. may take the form of grants, loans, guarantees or indemnities; in the case of a loan, must be given on a condition requiring the loan to be repaid with interest at a rate approved by the Treasury. Section 1. sections 20(1)(b) and 26(4)(b) have effect as if for 3% there were substituted 1%; sections 20(1)(c) and 26(5)(b) have effect as if for 8% there were substituted 2%. any action was taken, or was proposed to be taken, with a view to enforcing in favour of the worker a requirement to which this section applies, the employer was prosecuted for an offence under section 45 as a result of action taken for the purpose of enforcing in favour of the worker a requirement to which this section applies, or. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (2)The worker may by notice require the employer to arrange for the worker to become an active member of a pension scheme that satisfies the requirements of this section. In subsection (6), shortfall means the difference (if any) between, the employers contribution in respect of the jobholder under the agreement referred to in subsection (4), and. Quality requirement: UK money purchase schemes, A money purchase scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder if under the scheme. A pension scheme is an automatic enrolment scheme in relation to a jobholder (J) if. any compensation awarded under section 49 of the Employment Rights Act 1996 by virtue of subsection (2) must not exceed the limit specified in subsection (4). (5)Section 42 (penalty notices: recovery) applies to a penalty payable under this section, and to a notice under this section, as it applies to a penalty payable under section 40, and to a notice under that section. Pensions Act 2008 is up to date with all changes known to be in force on or before 15 November 2022. Subsections (5) and (6) apply where a worker becomes an active member of a pension scheme in pursuance of a notice under this section and, within the period of 12 months beginning with the day on which that notice was given, ceases to be an active member of that scheme because of any action or omission by the worker, and. (b)8% of the amount of the jobholders qualifying earnings in the relevant pay reference period. (4)In the application of subsection (3) to a scheme in relation to which there is more than one employer, references to the employer have effect as if they were references to a person nominated by the employers, or by the scheme, to act as the employers' representative for the purposes of this section or, if no such nomination is made, to all of the employers. (1)The Regulator may issue a fixed penalty notice to a person if it is of the opinion that the person has failed to comply with. (2)Section 3 (duty of employers to facilitate access to stakeholder pension schemes) is amended as follows. A person serving as a member of the naval, military or air forces of the Crown is not, by virtue of that service, a worker for the purposes of this Part. (1A)A relevant employee, in relation to an employer, is an employee of the employer who, on the relevant date, satisfies the conditions in subsection (1B). (i)a barrister (whether in practice as such or employed to give legal advice), (ii)a solicitor who holds a practising certificate, or. (a)on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both; (b)on summary conviction to a fine not exceeding the statutory maximum. Subsection (6) does not extend to Scotland. long time to run. (4)A compliance notice in respect of a contravention of this section may direct the employer to take or refrain from taking specified steps in order to prevent the contravention being repeated. The Regulator may review a notice to which this section applies, on the written application of the person to whom the notice was issued, or. PDF Act 766 National Pensions Act, 2008 - Social Security and National (a)the employee is a member of a stakeholder pension scheme; (b)the employee made a request under subsection (5) before the relevant date and that request has not been withdrawn; (c)the employee pays contributions (which are deducted in accordance with that request) to the scheme at regular intervals; (d)at least one deduction has been made before the relevant date in accordance with that request.