The Occupational Pension Schemes (Disclosure of Information) Regulations 1996

Made: 26th June 1996

Laid before Parliament: 28th June 1996

Coming into force: 6th April 1997

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 113, 168, 181(1) and 182(2) and (3) of the Pension Schemes Act 1993 and sections 10(3), 41(1) and (6), 124(1) and 174(2) and (3) of the Pensions Act 1995, and of all other powers enabling him in that behalf, the Occupational Pensions Board having agreed that the proposals to make these Regulations, to the extent that they are made under the Pension Schemes Act 1993, need not be referred to them, and the Secretary of State not otherwise being required to consult as the regulations otherwise contained in this instrument are made by virtue of sections 10(3), 41(1) and (6) of the Pensions Act 1995 and are made before the end of the period of 6 months beginning with the coming into force of those provisions, by this instrument, hereby makes the following Regulations:

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 and shall come into force on 6th April 1997.

• (2) In these Regulations, unless the context otherwise requires—

“the 1993 Act” means the Pension Schemes Act 1993;

“the 1995 Act” means the Pensions Act 1995;

“the 2004 Act” means the Pensions Act 2004;

“accrued rights” has the meaning given in section 124(2) of the 1995 Act;

“active member” has the meaning given in section 124(1) of the 1995 Act;

“the actuary” has the meaning given in section 47(1)(b) of the 1995 Act;

“address” means postal address (except in the phrases “postal address”, “electronic address” and “website address”);

“the auditor” has the meaning given in section 47(1)(a) of the 1995 Act;

“beneficiary”, in relation to a scheme, means a person, other than a member of the scheme, who is entitled to the payment of benefits under the scheme;

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‘contracted-out employment’ shall be construed in accordance with section 8 of the 1993 Act;

“deferred member” has the meaning given in section 124(1) of the 1995 Act;

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;

“employer”, in relation to a member or prospective member of a scheme, means—

• (a) in the case of an employed earner, the secondary contributor (within the meaning of section 7 of the Social Security Contributions and Benefits Act 1992 ) in relation to any payment of earnings in respect of the employment concerned, and

• (b) in the case of a self-employed earner, any other person, government department or public authority who has made, or is to make, payments to the scheme in respect of the earner;

“excluded person” means a member or beneficiary—

• (a) whose present postal address and electronic address is not known to the trustees of the scheme; and

• (b) in respect of whom the trustees of the scheme have sent correspondence to their last known—

• (i) postal address and that correspondence has been returned, or

• (ii) electronic address and the trustees of the scheme are satisfied that that correspondence has not been delivered;

“funded”, in relation to benefits under a scheme, means provided by setting aside resources (other than assets at the disposal of the employer of any person who is employed in relevant employment) in advance which are related to the intended rate or amount of the benefits;

‘illustration date’ means, in relation to any information provided, or to be provided, under paragraph 6ZA(1) of Schedule 2, the date specified by the trustees as the date by reference to which amounts are calculated for the purpose of providing the information;

“independent person” has the meaning given in section 23(3) of the 1995 Act;

“independent trade union” has the meaning given in section 235(1) of the Employment Rights Act 1996 ;

“jobholder information” means the information specified in regulation 3 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010.

“managers” has the meaning given in section 124(1) of the 1995 Act;

“member” has the meaning given by section 124(1) of the 1995 Act;

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“money purchase benefits” means benefits the rate or amount of which are calculated by reference to a payment or payments made by the member, or by any other person in respect of the member, and which are not average salary benefits;

“money purchase contracted-out scheme" has the meaning given in section 181(1) of the 1993 Act;

“money purchase scheme” means a pension scheme under which all the benefits that may be provided other than death benefits are money purchase benefits;

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“normal benefit age” has the meaning given by section 101B of the 1993 Act;

“normal pension age” has the meaning given by section 180 of the 1993 Act;

“pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;

pension credit member” has the meaning given by section 124(1) of the 1995 Act;

“pensionable service” has the meaning given by section 124(1) of the 1995 Act;

“pensioner member” has the meaning given by section 124(1) of the 1995 Act;

“professional advisers” has the meaning given by section 47 of the 1995 Act;

“prospective member” means any person who, under the terms of his contract of service or the scheme rules or both—

• (a) is able, at his own option, to become a member of the scheme,

• (b) will become so able if he continues in the same employment for a sufficiently long period,

• (c) will be admitted to it automatically unless he makes an election not to become a member, or

• (d) may be admitted to it subject to the consent of his employer;

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“public service pension scheme” has the meaning given by section 1 of the 1993 Act;

“the Regulator” means the Pensions Regulator established under section 1 of the 2004 Act;

“Regulatory Authority” means the Pensions Regulator;

“relevant employment” means any employment to which the scheme relates;

‘the relevant guidance’ means the document entitled “Technical Memorandum TM1: Statutory Money Purchase Illustrations” which—

• (a) is adopted or prepared, and from time to time revised, by the Financial Reporting Council Limited;

• (b) ...

“request” means a request in writing;

‘retirement date’ means, in relation to a member—

• (a) the date which he has specified to the trustees, and which is acceptable under the rules of the scheme, for the purpose of paragraph 6ZA(1) of Schedule 2; or

• (b) where no acceptable date has been specified for that purpose, the date specified by the trustees as being the appropriate date for the purpose of paragraph 6ZA(1);

“scheme” means an occupational pension scheme;

“scheme year”, in relation to a scheme, means—

• (a) a year specified for the purposes of the scheme in any document comprising the scheme or, if none, a period of 12 months commencing on 1st April or on such other date as the trustees select; or

• (b) such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees—

• (i) in connection with the commencement or termination of the scheme, or

• (ii) in connection with a variation of the date on which the year or period referred to in paragraph (a) is to commence;

“simplified defined contribution scheme” means a scheme approved by the Commissioners of Inland Revenue under section 591 of the Income and Corporation Taxes Act 1988 and which provides benefits which are limited by reference to—

• (a) the aggregate amount of the contributions which can be paid by a member and his employer, and

• (b) the maximum lump sum retirement benefit which can be provided under the scheme;

“tax-approved scheme” means a scheme which is—

• (a) approved by the Commissioners of Inland Revenue for the purposes of sections 590 or 591 of the Income and Corporation Taxes Act 1988, or

• (b) a statutory scheme as defined in section 611A of that Act ;

• (c) approved by the Commissioners of the Inland Revenue under Chapter IV of Part XIV of that Act;

“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme, except in relation to a scheme established outside the United Kingdom, and in such a case “trustees” means the person or body treated by the Commissioners of Inland Revenue for the time being as the administrator of the scheme for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988;

“wholly insured scheme” means a scheme under which all the benefits provided are secured by a policy or policies of insurance or an annuity contract or contracts.

• (3) Except in so far as the context otherwise requires, any reference—

• (a) in these Regulations to a numbered regulation or Schedule is to the regulation in, or, as the case may be, the Schedule to, these Regulations bearing that number;

• (b) in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule bearing that number;

• (c) in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.

Application of these Regulations

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• (1) Subject to paragraphs (2), (3) and (3A), and regulations 6(2), 7(2) and 8, these Regulations apply in relation to a scheme which—

• (a) is, or was formerly, a tax approved scheme (or in respect of which an application for tax approval has been made which has not been determined); or

• (aa) is a scheme which—

• (i) has such a superannuation fund as is mentioned in section 615(6) of the Income and Corporation Taxes Act 1988 (exemption from tax in respect of certain pensions); and

• (ii) is undertaking cross-border activities; or

• (b) is a public service pension scheme.

• (2) These Regulations do not apply to a scheme—

• (a) whose members are fewer than 2;

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the only benefits provided by which are death benefits; or

• (c) unless—

• (i) it is established in the United Kingdom, or

• (ii) it has 1 or more trustees resident in the United Kingdom.

• (2A) For the purposes of this regulation, any reference to a scheme which is undertaking cross-border activities is a reference to a scheme in relation to which the trustees or managers are—

• (a) authorised under section 288 of the Pensions Act 2004 (general authorisation to accept contributions from European employers); and

• (b) approved under section 289 of that Act (approval in relation to particular European employer) in relation to a European employer.

• (3) Regulations 3 to 7 shall not apply to a scheme established by the Salvation Army Act 1963 .

• (3A) In the case of a scheme which is a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999, regulation 5 shall have effect as if paragraph (5) were omitted.

• (4) These Regulations do not impose on the trustees of a scheme any duty in relation to—

• (a) any member or prospective member if no person who employs him in relevant employment has informed the trustees that he is a member or prospective member; or

• (b) an independent trade union recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme if no person who employs any such member or prospective member in relevant employment has informed the trustees that the trade union is so recognised;

• (c) any member where all members are trustees.

Constitution of scheme

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• (1) Subject to paragraph (5), the trustees of a scheme shall make provision, in the manner specified in paragraph (2), for the disclosure, to persons and trade unions in the categories specified in paragraph (3), of—

• (a) the contents—

• (i) of the trust deed constituting the scheme, if it is constituted by such a deed; or

• (ii) of any document constituting the scheme, if it is not constituted by a trust deed,

and, if the rules of the scheme are not set out in a trust deed or other document the contents of which fall to be disclosed under sub-paragraph (a)(i) or (ii), the contents of the rules;

• (b) the contents of any document which amends or supplements or wholly or partly supersedes a document the contents of which fall to be disclosed under sub-paragraph (a) or this sub-paragraph; and

• (c) if the name and address of every person who employs any member of the scheme in relevant employment is not set out in any trust deed or other document the contents of which fall to be disclosed under sub-paragraph (a) or (b), the contents of a document setting out the name and address of every such person.

• (2) A copy of any of the documents referred to in paragraph (1), shall, within 2 months of a request being made by a person or a trade union in the categories specified in paragraph (3)—

• (a) be made available free of charge—

• (i) for inspection at a place which is reasonable having regard to the circumstances of the request and of the person who or trade union which made it; or

• (ii) on a website (see regulation 10B); or, at their option,

• (b) be furnished to such person or trade union, and where a charge is levied it shall not exceed the expense incurred in copying, posting and packing such copy, so however that in the case of a document copies of which are publicly available, the trustees may, instead of furnishing a copy, advise the person who or trade union which has requested it where copies may be obtained.

• (3) The categories of persons and trade unions mentioned in paragraphs (1) and (2) are the following, namely—

• (a) members and prospective members of the scheme;

• (b) spouses and civil partners of members and of prospective members;

• (c) beneficiaries under the scheme;

• (d) independent trade unions recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme.

• (4) Any document of which disclosure is required by paragraph (1) which is not in the English language shall be accompanied by a translation in that language.

• (5) Nothing in this regulation shall require the disclosure of any matter in relation to a member, beneficiary or prospective member 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.

• (6) Where any provision of an Act or statutory instrument has been set out in a document which is required to be disclosed by paragraph (1), or has been incorporated in such a document by reference, that provision shall be disclosed either—

• (a) by giving a reference to it and the Act or statutory instrument in which it is contained; or

• (b) by setting out its text.

Basic information about the scheme

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• (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).

• (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 or 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) Subject 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.

• (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.

Information to be made available to individuals

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