Pensions Act 2008

[^key-618f2aebeaa224b345a7819afbd27297]: Words in s. 31(3) inserted (5.9.2018 for specified purposes, 1.10.2018 in so far as not already in force) by Pension Schemes Act 2017 (c. 17), s. 44(2), Sch. 3 para. 14(a); S.I. 2018/965, reg. 2(a)(b)

[^key-c3bd7af1e8b0bc349536a74eb92fb85e]: Words in s. 31(3) inserted (5.9.2018 for specified purposes, 1.10.2018 in so far as not already in force) by Pension Schemes Act 2017 (c. 17), s. 44(2), Sch. 3 para. 14(b); S.I. 2018/965, reg. 2(a)(b)

[^key-9eb5c4c965f9d19d5a1d62bd472de9bd]: Words in s. 31 heading substituted (5.9.2018 for specified purposes, 1.10.2018 in so far as not already in force) by Pension Schemes Act 2017 (c. 17), s. 44(2), Sch. 3 para. 14(c); S.I. 2018/965, reg. 2(a)(b)

[^key-83b14c81b266493deb27ed1b3d80faf1]: S. 3 modified (6.4.2019) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2019 (S.I. 2019/374), arts. 1(2), 3

[^key-8ca1e9d4ae6f080fd469ac6a06ba151c]: S. 5 modified (6.4.2019) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2019 (S.I. 2019/374), arts. 1(2), 3

[^key-0844e1fc13967af159ad4d1761437624]: S. 13 modified (6.4.2019) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2019 (S.I. 2019/374), arts. 1(2), 3

[^key-ef0499d8ef496f6bf928e6e9059699e9]: S. 13(3)(eb) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 55; S.I. 2020/45, reg. 2

[^key-14de19bc68f00b6ac12f59bca328843e]: S. 3(6B) modified (6.4.2020) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2020 (S.I. 2020/372), arts. 1(2), 3

[^key-70a10dc8bba43c9604606be5150b7249]: S. 5(7B) modified (6.4.2020) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2020 (S.I. 2020/372), arts. 1(2), 3

[^key-8676e7ba824acc495c03d3d5466f5464]: S. 13(2) modified (6.4.2020) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2020 (S.I. 2020/372), arts. 1(2), 3

[^key-33318fb97164380a4e0e22c96c0d344c]: Sum in s. 13(1)(a) substituted (6.4.2020) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2020 (S.I. 2020/372), arts. 1(2), 2

[^key-658ea7a54dd5205233d4a6cfdbc13214]: S. 18(b) omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2048ebada03cdfc28725bd0e78178d79]: Words in s. 18(c) substituted (31.12.2020) by The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 6(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-027f6ecce57e1f653b51d44219c717f3]: Words in s. 99 omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9d174ce756d87272d4e4e1249a4397de]: Sum in s. 13(1)(b) substituted (6.4.2021) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2021 (S.I. 2021/314), arts. 1(2), 2

[^key-5ce5332af685b90f8fb3a3c9d8d9060d]: S. 42 applied (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by 2004 c. 35, s. 77A(5)(a) (with s. 77A(6)) (as inserted by Pension Schemes Act 2021 (c. 1), ss. 112, 131(1); S.I. 2021/620, reg. 2(1)(d); S.I. 2021/950, reg. 2(5)(c) (with reg. 5))

[^key-d5bf039f538cad1ea42dff4676a73d72]: S. 42 applied (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by 2004 c. 35, s. 77B(7)(a) (with s. 77B(8)) (as inserted by Pension Schemes Act 2021 (c. 1), ss. 112, 131(1); S.I. 2021/620, reg. 2(1)(d); S.I. 2021/950, reg. 2(5)(c) (with reg. 5))

[^key-809b83db10e6c3f07f7d6a51fab3c1db]: S. 43 applied (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by 2004 c. 35, s. 77A(5)(b) (with s. 77A(6)) (as inserted by Pension Schemes Act 2021 (c. 1), ss. 112, 131(1); S.I. 2021/620, reg. 2(1)(d); S.I. 2021/950, reg. 2(5)(c) (with reg. 5))

[^key-3dfecaa7acf1717e5f55493dedcf4d8c]: S. 43 applied (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by 2004 c. 35, s. 77B(7)(b) (with s. 77B(8)) (as inserted by Pension Schemes Act 2021 (c. 1), ss. 112, 131(1); S.I. 2021/620, reg. 2(1)(d); S.I. 2021/950, reg. 2(5)(c) (with reg. 5))

[^key-ea58d86f150e464342b1b22ae8cb30e8]: S. 44 applied (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by 2004 c. 35, s. 77A(5)(c) (with s. 77A(6)) (as inserted by Pension Schemes Act 2021 (c. 1), ss. 112, 131(1); S.I. 2021/620, reg. 2(1)(d); S.I. 2021/950, reg. 2(5)(c) (with reg. 5))

[^key-76c8d26be708e4539154633f88eb79bf]: S. 44 applied (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by 2004 c. 35, s. 77B(7)(c) (with s. 77B(8)) (as inserted by Pension Schemes Act 2021 (c. 1), ss. 112, 131(1); S.I. 2021/620, reg. 2(1)(d); S.I. 2021/950, reg. 2(5)(c) (with reg. 5))

[^key-287d33348616b06b316d5cba1859c3af]: Word in s. 40(1) omitted (29.6.2022) by virtue of Pension Schemes Act 2021 (c. 1), s. 131(1), Sch. 7 para. 16(a); S.I. 2022/721, regs. 1(2), 2(d)

[^key-9b46eaebe18a3512217aba94e48e8aa5]: S. 40(1)(e) and word inserted (29.6.2022) by Pension Schemes Act 2021 (c. 1), s. 131(1), Sch. 7 para. 16(b); S.I. 2022/721, regs. 1(2), 2(d)

[^key-6c357e0ddcb95511b1dda7e89c32a8e6]: Word in s. 41(1) omitted (29.6.2022) by virtue of Pension Schemes Act 2021 (c. 1), s. 131(1), Sch. 7 para. 17(a); S.I. 2022/721, regs. 1(2), 2(d)

[^key-48ced166aa555b725aa146c2a3dde554]: S. 41(1)(e) and word inserted (29.6.2022) by Pension Schemes Act 2021 (c. 1), s. 131(1), Sch. 7 para. 17(b); S.I. 2022/721, regs. 1(2), 2(d)

[^key-c666355cb70e085687b6e312e19fc17b]: Words in s. 99 inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 1 para. 6(2); S.I. 2022/721, regs. 1(2), 3(a)

[^key-129bae7c07f2b78c1d7c16db5b2d6b37]: Words in s. 99 substituted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 1 para. 6(3)(a); S.I. 2022/721, regs. 1(2), 3(a)

[^key-03a59e27f2d39816957b6435c3d2172f]: Words in s. 99 inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 1 para. 6(3)(b); S.I. 2022/721, regs. 1(2), 3(a)

[^key-729b274d5892bae6d48e02df86639c05]: Words in s. 99A(1) substituted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 1 para. 7; S.I. 2022/721, regs. 1(2), 3(a)

[^key-3d12871187662a24ac8ef9a7ff6588bd]: Word in s. 31(3) omitted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by virtue of Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 3 para. 22(a)(i); S.I. 2022/721, regs. 1(2), 3(a)

[^key-586693c679e7ff0dc995efc1dd37d8b7]: Words in s. 31(3) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 3 para. 22(a)(ii); S.I. 2022/721, regs. 1(2), 3(a)

[^key-23ce7cdb350c8c581e97374d77858b26]: Words in s. 31(3) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 3 para. 22(b); S.I. 2022/721, regs. 1(2), 3(a)

[^key-2fc47f4a8eea49496296abd23b624973]: Sch. 5 para. 18(2) omitted (coming into force in accordance with reg. 1(b) of the amending S.I.) by virtue of The Pensions Act 2004 (Amendment) (Pension Protection Fund Compensation) Regulations 2023 (S.I. 2023/1309), reg. 4

[^key-274ab58a645a3617bcd91aee600ba708]: Sch. 5 para. 12(1)(d) omitted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by virtue of The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 11(a)

[^key-53d0a201a8153f11454bc0dc921134b9]: Words in Sch. 5 para. 12(4) omitted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by virtue of The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 11(b)

[^key-f24f654bada4a31d2006ed3493789351]: S. 13(3)(ec) inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 56; S.I. 2025/41, reg. 2

Monitoring of employers' payments to personal pension schemes

Escalating penalty notices

Occupational pension schemes

Compliance notices

Restrictions on agreements to limit operation of this Part

Employment Appeal Tribunal

Requirement to keep records

Restrictions on agreements to limit operation of this Part

Disclosure of tax information etc

Escalating penalty notices

Right of employee not to be unfairly dismissed

Monitoring of employers' payments to personal pension schemes

Compliance notices

Review

Information for private pensions policy and retirement planning

Scheme orders: general

Trustee corporation

Duty to establish a pension scheme

Objectives of the Regulator

“Employer”, “worker” and related expressions

Contracting-out: abolition of all protected rights

Amendments of Schedule 7 to the Pensions Act 2004

Consequential amendments

Review of the initial operation of sections 38A and 38B of Pensions Act 2004

Delegation of powers by the Regulator

Amendments of provisions of Pensions Act 2004 relating to contribution notices or financial support directions

Intervention by Regulator where scheme's technical provisions improperly determined

War pensions: effect of later marriage or civil partnership

Polish Resettlement Act 1947: effect of residence in Poland

Pre-1948 insurance: supplementary

Pensions Act 2007 (c. 22)

Disclosure of tax information etc

Extension of definition of worker

Persons in offshore employment

Money purchase benefits: supplementary

Additional pension etc: minor and consequential amendments

Penalty for disclosure

Functions of the Pensions Ombudsman

Intervention by Regulator where scheme's technical provisions improperly determined

Pension compensation sharing and attachment on divorce etc

Additional Class 3 contributions (Northern Ireland)

Additional Class 3 contributions

Pensions Act 2007 (c. 22)

Pensions Act 2007 (c. 22)

Quality requirement: non-UK occupational pension schemes

Transitional periods for money purchase and personal pension schemes

Pay reference period

Test scheme

Employment Appeal Tribunal

Transitional periods for money purchase and personal pension schemes

Escalating penalty notices

Penalty notices: recovery

Right of employee not to be unfairly dismissed

Trustee corporation

Powers to require information and to enter premises

Disclosure of tax information etc

Disclosure of tax information etc

Information for private pensions policy and retirement planning

Functions of the Pensions Ombudsman

Pension compensation sharing and attachment on divorce etc

State pension credit: extension of assessed income period for those aged 75 or over

Review of the initial operation of sections 38A and 38B of Pensions Act 2004

Creation of pension compensation debits and credits

Consequential amendments

Additional Class 3 contributions (Northern Ireland)

Pensions Act 2007 (c. 22)

Jobholders

Automatic re-enrolment

Qualifying earnings

Offences of failing to comply

Offences by bodies corporate

Restrictions on agreements to limit operation of this Part

Restrictions on agreements to limit operation of this Part

Employment Appeal Tribunal

Disclosure of tax information etc

Review

Stakeholder pension schemes

Consolidation of additional pension

Scope of mechanism

Contracting-out: abolition of all protected rights

Creation of pension compensation debits and credits

Financial assistance scheme

Financial assistance scheme

Delegation of powers by the Regulator

Delegation of powers by the Regulator

Additional Class 3 contributions (Northern Ireland)

Official pensions: adjustment of increases in survivors' pensions

Pre-1948 insurance: supplementary

Polish Resettlement Act 1947: effect of residence in Poland

Pre-1948 insurance: supplementary

Pre-1948 insurance: supplementary

Postponement of compensation

16A

• (1) Regulations may prescribe circumstances in which, and conditions subject to which, a person who becomes entitled to periodic compensation under paragraph 4 or 6 may elect to postpone the commencement of periodic compensation under that paragraph.

• (2) Where the commencement of periodic compensation under paragraph 4 or 6 ceases to be postponed, the Board must determine—

• (a) the relevant amount, as at the time the periodic compensation would have commenced if its commencement had not been postponed, and

• (b) the amount in paragraph (a), increased in accordance with actuarial factors published by the Board.

• (3) References in this Schedule to the amount of an actuarial increase under this paragraph are to the difference between the amounts in sub-paragraphs (2)(a) and (2)(b).

• (4) In sub-paragraph (2) the “ relevant amount ” means (as appropriate)—

• (a) the amount mentioned in paragraph 4(3)(a), or

• (b) the aggregate of the amounts mentioned in paragraph 6(3)(a) and (b).

Prohibited recruitment conduct

Enforcement of the right

Stakeholder pension schemes

Contracting-out: abolition of all protected rights

Effect of entitlement to guaranteed minimum pension

Reduction of compensation

Pension compensation sharing and attachment on divorce etc

Delegation of powers by the Regulator

Additional Class 3 contributions (Northern Ireland)

War pensions: effect of later marriage or civil partnership

Polish Resettlement Act 1947: effect of residence in Poland

Pensions Act 2007 (c. 22)

23A

• (1) The Secretary of State may by regulations provide that a defined benefits scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder if any one or more of the following is satisfied—

• (a) the scheme is of a prescribed description and satisfies the quality requirement under section 20 in relation to that jobholder;

• (b) the cost of providing the benefits accruing for or in respect of the relevant members over a relevant period would require contributions to be made of a total amount equal to at least a prescribed percentage of the members' total relevant earnings over that period;

• (c) in the case of each of at least 90% of the relevant members, the cost of providing the benefits accruing for or in respect of the member over a relevant period would require contributions to be made of a total amount equal to at least a prescribed percentage of the member's total relevant earnings over that period.

• (2) For this purpose—

• “contributions” means contributions to the scheme by, or on behalf or in respect of, a relevant member;

• “relevant earnings” means earnings of a prescribed description;

• “relevant members” means members of the scheme of a prescribed description;

• “relevant period” means a period specified in or determined in accordance with the regulations.

• (3) A percentage prescribed under subsection (1)(b) or (c) must be at least 8%.

• (4) Regulations under subsection (1)(b) or (c) may make provision—

• (a) about how to calculate whether the requirement is satisfied, including provision requiring the calculation to be made in accordance with prescribed methods or assumptions;

• (b) requiring benefits of a prescribed description to be disregarded in determining whether the requirement is satisfied;

• (c) that a scheme only satisfies the requirement if the scheme actuary certifies that it does; and for this purpose “scheme actuary” has the prescribed meaning.

• (5) Section 13(3) (meaning of “earnings”) applies for the purposes of this section as it applies for the purposes of that section.

• (6) The Secretary of State must from time to time review any regulations in force under subsection (1).

• (7) A review must be carried out—

• (a) during 2017, and

• (b) after that, no more than three years after the completion of the previous review.

Transitional periods for money purchase and personal pension schemes

Enforcement of the right

Employment Appeal Tribunal

Requirement to keep records

Exceptions

Power to create exceptions from the employer duties etc

87A

• (1) The Secretary of State may by regulations provide for exceptions to the employer duties; and an exception may in particular—

• (a) turn an employer duty into a power;

• (b) be framed by reference to a description of worker, particular circumstances or in some other way.

• (2) But the regulations may not provide for an exception for employers of a particular size.

• (3) Regulations which make provision under subsection (1)(a) may make provision modifying this Part or regulations made under it in connection with that provision.

• (4) The regulations may make provision in connection with the coming to an end of the state of affairs that caused an exception to apply, including provision—

• (a) modifying this Part or regulations made under it in relation to a person;

• (b) for the purpose of putting a person, wholly or partly, in the position he or she would have been in if the exception had never applied.

• (5) In this section “employer duties” means any duty of an employer under any provision of sections 2 to 11 and 54 or of regulations made under those sections.

Extension of definition of worker

Interest on late payment of levies

Additional Class 3 contributions

Official pensions: adjustment of increases in survivors' pensions

War pensions: effect of later marriage or civil partnership

Polish Resettlement Act 1947: effect of residence in Poland

Pre-1948 insurance affecting German pension entitlement

Orders and regulations

Pensions Act 2007 (c. 22)

Restrictions on agreements to limit operation of this Part

Penalty for disclosure

Functions of the Pensions Ombudsman

Persons in offshore employment

Effect of entitlement to guaranteed minimum pension

Amendments of provisions of Pensions Act 2004 relating to contribution notices or financial support directions

Payments to employers

Additional Class 3 contributions

Official pensions: adjustment of increases in survivors' pensions

Polish Resettlement Act 1947: effect of residence in Poland

Pensions Act 2007 (c. 22)