The Occupational and Personal Pension Schemes (Levy) Regulations 1997

Type Statutory-Instrument
Publication 1997-03-06
Last updated 2014-01-01
State In force
Department King's Printer of Acts of Parliament
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Made: 6th March 1997

Laid before Parliament: 11th March 1997

Coming into force: 1st April 1997

The Secretary of State for Social Security, in exercise of the powers conferred by sections 168(1) and (4), 175(1) to (5), (7) and (9), 181(1) and 182(2) and (3) of the Pension Schemes Act 1993 and sections 89(2), 124(1), 125(3) and 174(2) and (3) of the Pensions Act 1995, and of all other powers enabling him in that behalf, after consulting such persons as he considers appropriate about proposals to make regulation 11 of these Regulations and after agreement by the Occupational Pensions Board that proposals to make regulation 13 of these Regulations should not be referred to them, by this instrument, which otherwise contains regulations which are consequential upon section 165 of the Pensions Act 1995 and which are made before the end of the period of six months beginning with the coming into force of the enactments under which they are made, hereby makes the following Regulations:

Citation, commencement and interpretation

1

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

“the 1995 Act" means the Pensions Act 1995;

“the previous Regulations" means the Occupational and Personal Pension Schemes (Levy) Regulations 1995 ;

“address of the scheme" means the place in the United Kingdom, or if more than one, the principal place, at which the management of a registrable scheme is conducted;

“Compensation Board" means the Pensions Compensation Board ;

“employer" means—

“frozen scheme" means a registrable scheme under which benefits continue to be payable to existing members and to which—

“member" means—

other than a member in respect of whom entitlement under the scheme is only for benefits payable on his death;

“pension credit rights” has the meaning given by section 101B of the 1993 Act;

“registrable scheme" means an occupational or a personal pension scheme—

...

“Registrar" means the Registrar of Occupational and Personal Pension Schemes;

“registration year" means a period of 12 months beginning on 1st April;

“Regulatory Authority" means the Occupational Pensions Regulatory Authority ;

“scheme year" in relation to a registrable scheme means—

“total membership” means, in relation to a registrable scheme as respects which a liability arises under regulation 2(1) or (2) or 5(1) below in respect of a registration year, the number of its members—

on the day on which the scheme became a registrable scheme;

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

“unallocated assets" means any assets of a scheme which have not been specifically allocated for the provision of benefits to or in respect of members (whether generally or individually).

The general levy

2

the general levy shall nevertheless be payable in full for that year.

Amount of the general levy

3

Payment of the general levy

4

The compensation levy

5

the compensation levy shall nevertheless be payable in full for that year.

Amount of the compensation levy

6

Payment of the compensation levy

7

Waiver of the general levy and the compensation levy

8

Multi-employer schemes

9

these Regulations shall apply as if each section of the scheme were a separate scheme.

these Regulations shall apply as if the section in relation to which those conditions have ceased to be satisfied were a separate scheme.

Avoidance of duplication of payments

10

Where, but for this regulation, the general levy or, as the case may be, the compensation levy would be payable in respect of the same registrable scheme under both these Regulations and any equivalent provision which has effect in Northern Ireland, that levy shall only be payable under these Regulations where the address of the scheme is in Great Britain.

Modification of section 75 of the 1995 Act

11

Section 75 of the 1995 Act (deficiencies in the assets) shall apply in the case of schemes which are money purchase schemes with the following modifications—

(1) If, in the case of a scheme which is a money purchase scheme, the value at the applicable time of the unallocated assets of the scheme is less than an amount payable by way of levy under section 175 of the Pension Schemes Act 1993, then an amount equal to the difference shall be treated as a debt due from the employer to the trustees or managers of the scheme.

(3) In this section— “applicable time", in relation to an amount payable by way of levy, means the time when the levy first becomes payable to the Secretary of State or, as the case may be, the Compensation Board or such later time as the trustees or managers may agree with the employer; “employer" means— (a) in relation to an occupational pension scheme in which there are members in pensionable service, the employer of persons in the description or category of employment to which the scheme relates; and (b) in relation to an occupational pension scheme which is a frozen scheme, the person who was the employer of persons in the description or category of employment to which the scheme related immediately before the occurrence of the event after which the scheme became a frozen scheme; “frozen scheme" means a registrable scheme under which benefits continue to be payable to existing members and to which— (a) no new members may be admitted; (b) no further contributions are payable by or in respect of existing members; and (c) no further benefits accrue to existing members although benefits which have already accrued to them may be increased; and “registrable scheme" means an occupational or a personal pension scheme— (a) which— (i) is established in the United Kingdom; or (ii) has a place at which its management is conducted in the United Kingdom and has a representative appointed to carry out the functions of a trustee in the United Kingdom; and (b) which— (i) is a scheme in respect of which a person has applied for, or received, the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the Income and Corporation Taxes Act 1988 (conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter IV of Part XIV of that Act (personal pension schemes); or (ii) is a scheme which is a public service pension scheme; and (c) which— (i) has more than one member; and (ii) provides benefits which are not solely payable on the death of a member, ... “unallocated assets", in the case of a money purchase scheme, means any assets of the scheme which have not been specifically allocated for the provision of benefits to or in respect of members (whether generally or individually).

(5) The value at the applicable time of the unallocated assets shall be taken to be the value as certified in a statement by the scheme auditor.

Transitional provision

12

Where the trustees of an occupational or a personal pension scheme which became a registrable scheme before 1st April 1997 have not paid in full the amount of the levy for which they are liable under the previous Regulations, they shall be liable under these Regulations to pay that amount by 30th June 1997.

Penalties

13

Where any person fails, without reasonable cause, to comply with the requirement to pay a levy under regulation 2, 5 or 12 of these Regulations, the Regulatory Authority may require that person to pay, within 28 days, a penalty which shall—

Revocation and saving

14

SCHEDULEAMOUNT OF THE GENERAL LEVY AND MAXIMUM AMOUNT PER MEMBER OF THE COMPENSATION LEVY

Part I

The amount of the general levy in the case of schemes to which regulation 3(2)(a) of these Regulations applies shall be calculated by reference to the following sub-paragraphs:—

Part II

The amount of the general levy in the case of schemes to which regulation 3(2)(b) of these Regulations applies, shall be calculated by reference to the following sub-paragraphs:—

Part III

The maximum amount per member of the compensation levy is 23p.

Signed

Signed by authority of the Secretary of State for Social Security.

Oliver Heald — Parliamentary Under-Secretary of State, — Department of Social Security — 1997-03-06

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1993 c. 48. Section 168 was substituted by section 155(1) of the Pensions Act 1995 (c. 26); section 175 was substituted by section 165 of the Pensions Act 1995; section 181(1) is cited because of the meaning ascribed to “prescribe” and “regulations”.

[^f00002]: 1995 c. 26. Section 124(1) is cited because of the meaning ascribed to“prescribed” and “regulations”.

[^f00003]: See section 120(1) of the Pensions Act 1995 for the requirement for the Secretary of State to consult such persons as he considers appropriate.

[^f00004]: See section 185(6) of the Pension Schemes Act 1993 and section 173(1)(b) of the Social Security Administration Act 1992 (c. 5) which provide that the requirement for the Secretary of State to refer proposals to make regulations to the Occupational Pensions Board contained in section 185(1) of the Pension Schemes Act 1993 shall not apply in any case where the Board agrees that such proposals should not be referred to them.

[^f00005]: See section 185(6) of the Pension Schemes Act 1993 and section 173(5)(a) of the Social Security Administration Act 1992. The requirement in section 185(1) of the Pension Schemes Act 1993 for the Secretary of State to refer proposals to make regulations under section 175 of that Act to the Occupational Pensions Board does not apply to any regulations contained in this instrument which are consequential upon the enactment of section 165 of the Pensions Act 1995 (which substituted the provisions under which those regulations are made).

[^f00006]: S.I. 1995/524.

[^f00007]: The Pensions Compensation Board is established under section 78(1) of the Pensions Act 1995.

[^f00008]: 1988 c. 1.

[^f00009]: The Occupational Pensions Regulatory Authority is established under section 1(1) of the Pensions Act 1995.

[^f00010]: Section 174 of the Pension Schemes Act 1993 is amended by section 151 of and paragraph 73 of Schedule 5 to the Pensions Act 1995.

[^f00011]: S.I. 1997/665.

[^f00012]: S.I. 1986/1046. Regulation 8 was revoked by regulation 12 of and Schedule 4 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (S.I. 1996/1655). (The requirement for occupational pension schemes to provide valuations of their assets is now contained in regulation 30 of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 (S.I. 1996/1536).)

Editorial notes

[^c1676690]: 1993 c. 48. Section 168 was substituted by section 155(1) of the Pensions Act 1995 (c. 26); section 175 was substituted by section 165 of the Pensions Act 1995; section 181(1) is cited because of the meaning ascribed to “prescribe" and “regulations".

[^c1676691]: 1995 c. 26. Section 124(1) is cited because of the meaning ascribed to “prescribed" and “regulations".

[^c1676692]: See section 120(1) of the Pensions Act 1995 for the requirement for the Secretary of State to consult such persons as he considers appropriate.

[^c1676693]: See section 185(6) of the Pension Schemes Act 1993 and section 173(1)(b) of the Social Security Administration Act 1992 (c. 5) which provide that the requirement for the Secretary of State to refer proposals to make regulations to the Occupational Pensions Board contained in section 185(1) of the Pension Schemes Act 1993 shall not apply in any case where the Board agrees that such proposals should not be referred to them.

[^c1676694]: See section 185(6) of the Pension Schemes Act 1993 and section 173(5)(a) of the Social Security Administration Act 1992. The requirement in section 185(1) of the Pension Schemes Act 1993 for the Secretary of State to refer proposals to make regulations under section 175 of that Act to the Occupational Pensions Board does not apply to any regulations contained in this instrument which are consequential upon the enactment of section 165 of the Pensions Act 1995 (which substituted the provisions under which those regulations are made).

[^c1676695]: S.I. 1995/524 .

[^c1676696]: The Pensions Compensation Board is established under section 78(1) of the Pensions Act 1995.

[^c1676697]: 1988 c. 1 .

[^c1676698]: The Occupational Pensions Regulatory Authority is established under section 1(1) of the Pensions Act 1995.

[^c1676699]: Section 174 of the Pension Schemes Act 1993 is amended by section 151 of and paragraph 73 of Schedule 5 to the Pensions Act 1995.

[^c1676700]: S.I. 1997/665.

[^c1676701]: S.I. 1986/1046. Regulation 8 was revoked by regulation 12 of and Schedule 4 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (S.I. 1996/1655). (The requirement for occupational pension schemes to provide valuations of their assets is now contained in regulation 30 of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 (S.I. 1996/1536).)

[^key-857a82c02572c5ed33f35cacb9f5a7c5]: Regs. 5-8 applied (1.10.2000) by The Stakeholder Pension Schemes Regulations 2000 (S.I. 2000/1403), regs. 1(2), 32, Sch. 2

[^key-0a5c1b8299baab97db7f3e465f6e37bd]: Reg. 1 applied in part (1.10.2000) by The Stakeholder Pension Schemes Regulations 2000 (S.I. 2000/1403) , regs. 1(2) , 32 , Sch. 2

[^key-233f4af1f690c96e2261d19a40aec256]: Word in reg. 1(2) deleted (1.12.2000) by The Pension Sharing (Consequential and Miscellaneous Amendments) Regulations 2000 (S.I. 2000/2691) , regs. 1 , 7(2)(a)(i)

[^key-fa5689927e86767a0d4a24bf6791db54]: Words in reg. 1(2) inserted (1.12.2000) by The Pension Sharing (Consequential and Miscellaneous Amendments) Regulations 2000 (S.I. 2000/2691) , regs. 1 , 7(2)(a)(ii)

[^key-3f75a0bfaaad509122fa36bbc75ad055]: Words in reg. 1(2) inserted (1.12.2000) by The Pension Sharing (Consequential and Miscellaneous Amendments) Regulations 2000 (S.I. 2000/2691) , regs. 1 , 7(2)(b)

[^key-ebae414beb1df90eb381912bb3445fa5]: Reg. 1(3) inserted (31.12.2000) by The Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000 (S.I. 2000/3198), regs. 1(1), 12

[^M_F_95700e1f-8265-479e-eefa-f2d90495ae61]: Words deleted from defn. of “registrable scheme” by reg. 2(2)(a) of S.I. 1998/600 as from 1.4.98.

[^M_F_352da13a-d72a-4105-dfe7-6d86575118f5]: Defn. of “total membership” substituted by reg. 2(2)(b) of S.I. 1998/600 as from 1.4.98.

[^M_F_6a5c3b93-6b48-4877-d96d-cc9db55fa6c1]: Words inserted into reg. 2(1) by reg. 2(3)(a) of S.I. 1998/600 as from 1.4.98

[^M_F_b3937a7e-13ab-4f06-cef7-2edc8ab5780c]: Words inserted into reg. 2(2) by reg. 2(3)(a) of S.I. 1998/600 as from 1.4.98.

[^M_F_92fd8c46-a2a6-4994-dc3c-126d32f4a437]: Words inserted into reg. 2(1) by reg. 2(a) of S.I. 2000/542 as from 1.4.00.

[^M_F_22abcbb6-96f0-4dc0-ff67-460d70ed3d25]: Words inserted into reg. 2(2) by reg. 2(a) of S.I. 2000/542 as from 1.4.00.

[^M_F_7b7f15e6-d388-4290-dbbd-5e8b392265d7]: Words in reg. 2(4) substituted by reg. 2(3)(b) of S.I. 1998/ 600 as from 1.4.98.

[^M_F_41fd38ee-ac2c-4bf8-e6f7-885c94b48110]: Reg. 2(4A) inserted by reg. 2(3)(c) of S.I. 1998/ 600 as from 1.4.98.

[^M_F_08307a05-dbca-4a0b-d04c-005400d8ffdb]: Words inserted into reg. 2(5) by reg. 2(3)(d)(i) of S.I. 1998/600 as from 1.4.98.

[^M_F_de1507a7-481b-403b-eed5-7c831051bf61]: Reg. 2(5)(a) omitted by reg. 2(3)(d)(ii) of S.I. 1998/600 as from 1.4.98.

[^M_F_335b70d7-d772-43b7-fe1b-ddf491b37315]: Words inserted into reg. 3(2)(a) by reg. 2(4)(a) of S.I. 1998/600 as from 1.4.98.

[^M_F_5960b96c-5562-45a3-d6da-fb0c805ccc4b]: Words inserted into reg. 3(2)(b) by reg. 2(4)(b) of S.I. 1998/600 as from 1.4.98.

[^M_F_33a7981b-a84a-490a-bad5-1eb832407775]: Words omitted in reg. 4(2) by reg. 2(5)(a) of S.I. 1998/600 as from 1.4.98.

[^M_F_94506cf1-92fc-4feb-c995-e2a8a9334e3b]: Reg. 4(3) omitted by reg. 2(5)(b) of S.I. 1998/600 as from 1.4.98.

[^M_F_f2dee241-3738-4b7b-87f0-77d79bd97412]: Reg. 5(1) substituted for reg. 5(1)-(1A) by reg. 2(6)(a) of S.I. 1998/600 as from 1.4.98.

[^M_F_8c823551-661c-47f2-c159-fce4ea08f67c]: Reg. 5(4)(a) omitted by reg. 2(6)(b) of S.I. 1998/600 as from 1.4.98.

[^M_F_4010db07-6174-4df7-8108-4c85eabedcc3]: Words in reg. 7(1) omitted by reg. 2(7)(a) of S.I. 1998/600 as from 1.4.98

[^M_F_5b6dc556-58cf-42f1-facf-879f174d001f]: Reg. 7(2) omitted by reg. 2(7)(b) of S.I. 1998/600 as from 1.4.98

[^M_F_603bbfa0-1b2d-4ba6-f04f-300c350638a9]: Words omitted from reg. 11 by reg. 2(8) of S.I. 1998/600 as from 1.4.98.

[^M_F_8abae98c-abb1-409e-cd47-b21cd0ee007e]: Sch. substituted by the Sch. to S.I. 1998/600 as from 1.4.98.

[^M_F_28c89115-25cf-4e80-a2be-f4bdba9116b2]: Amount in Sch. Pt 1, para. (a) substituted by reg. 3(1)(a) of S.I. 2000/542 as from 1.4.2000.

[^M_F_829ec7bd-65c5-4b90-aff7-ea9200a40891]: Amount in Sch. Pt 1, para. (b) substituted by reg. 3(1)(b) of S.I. 2000/542 as from 1.4.2000.

[^M_F_45353a44-5a59-48fc-85fe-3368eda7313b]: Amount in Sch. Pt 1, para. (c)(i) substituted by reg. 3(1)(c) of S.I. 2000/542 as from 1.4.2000.

[^M_F_bda802a0-f9fc-451e-dde6-af5a4c73cacd]: Amount in Sch. Pt 1, para. (c)(ii) substituted by reg. 3(1)(d) of S.I. 2000/542 as from 1.4.2000.

[^M_F_61fff5de-4191-4766-e72f-a1452bc4b9c9]: Amount in Sch. Pt 1, para. (d)(i) substituted by reg. 3(1)(e) of S.I. 2000/542 as from 1.4.2000.

[^M_F_6746c1b2-c620-49ef-d234-6b05f0589138]: Amount in Sch. Pt 1, para. (d)(ii) substituted by reg. 3(1)(f) of S.I. 2000/542 as from 1.4.2000.

[^M_F_5347299f-9029-4f7b-deac-c5032fa74b84]: Amount in Sch. Pt 1, para. (e)(ii) substituted by reg. 3(1)(g) of S.I. 2000/542 as from 1.4.2000.

[^M_F_5dc7f2a5-c40b-4016-b0aa-2f0a9e195314]: Amount in Sch. Pt 2, para. (a) substituted by reg. 3(2)(a) of S.I. 2000/542 as from 1.4.2000.

[^M_F_81d7d690-8e7a-4d5f-a779-b1cac0cafc1c]: Amount in Sch. Pt 2, para. (b) substituted by reg. 3(2)(b) of S.I. 2000/542 as from 1.4.2000.

[^M_F_cfaf4d64-71d0-4d07-83aa-56e2b6bcea1a]: Amount in Sch. Pt 2, para. (c)(i) substituted by reg. 3(2)(c) of S.I. 2000/542 as from 1.4.2000.

[^M_F_93cc6250-7c56-41c0-c243-08163e1c4810]: Amount in Sch. Pt 2, para. (c)(ii) substituted by reg. 3(2)(d) of S.I. 2000/542 as from 1.4.2000.

[^M_F_a745e80f-81ac-4842-e961-e23a6269ec39]: Amount in Sch. Pt 2, para. (d)(i) substituted by reg. 3(2)(e) of S.I. 2000/542 as from 1.4.2000.

[^M_F_5c5f6f2d-ff27-493f-b98b-1992ed04a877]: Amount in Sch. Pt 2, para. (d)(ii) substituted by reg. 3(2)(f) of S.I. 2000/542 as from 1.4.2000.

[^M_F_e9729c75-85fb-413e-dae4-999a6beef426]: Amount in Sch. Pt 2, para. (e)(i) substituted by reg. 3(2)(g) of S.I. 2000/542 as from 1.4.2000.

[^M_F_f233276d-c6ba-4ca7-d8d3-9e4e81fd6569]: Amount in Sch. Pt 2, para. (e)(ii) substituted by reg. 3(2)(h) of S.I. 2000/542 as from 1.4.2000.

[^M_F_b2d2e1cf-6718-411a-8df1-86897af114c1]: Amount in Sch. Pt 2, para. (f)(i) substituted by reg. 3(2)(i) of S.I. 2000/542 as from 1.4.2000.

[^M_F_e5bc80d5-712d-425f-96d5-2ea1d571a488]: Amount in Sch. Pt 2, para. (f)(ii) substituted by reg. 3(2)(j) of S.I. 2000/542 as from 1.4.2000.

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