part 1 pensions act 2008

Background 1.1. (b)the time when the Regulator informed the employer of an investigation of the contravention, if no complaint was made before that time. subsection (1) of section 104D (read with subsection (2) of that section) applies, In section 237(1A) of the Trade Union and Labour Relations (Consolidation) Act. Miscellaneous Pension Protection Act Changes . (b)requests or authorises the employer to take such action or to make such an omission. (2)Section 44 (references to the Pensions Regulator Tribunal) applies in relation to a penalty notice issued under section 52 as it applies in relation to a notice issued under section 40 or 41. Provision within subsection (6)(f) includes in particular provision for a scheme not to be treated by virtue of regulations under this section as having satisfied the relevant quality requirement unless prescribed steps are taken (which may include the making of prescribed payments). (a)in sub-paragraphs (1) and (2), before employed by the Authority insert , if appointed as employees under paragraph 6(6A), are to be; (b)in sub-paragraph (3)(a), omit employees who are. 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. 1.Schedule 7 to the Pensions Act 2004 (c. 35) (pension 2.In paragraph 3(6), at the end, add to the 3.In paragraph 5(5), at the end, add to the 4.In paragraph 11(8), after paragraph 24 (commutation), insert paragraph 5.In paragraph 13, after sub-paragraph (3) insert. It focuses on increasing private saving, and it hinges on the concept of 'opt-out' enrolment. (2)In this section legislation means any provision of an Act or subordinate legislation (and subordinate legislation has the same meaning as in the Interpretation Act 1978 (c. 30)). (a)the words after provision of become paragraph (a) of that subsection; and. Regulations under subsection (3) may include, in particular, provision about the sources of information that the Regulator may use in estimating that amount, other than information provided by the employer. (2)They must have regard to any comments made in accordance with the invitation. Quality requirement: UK defined benefits schemes. that failure is not itself a contravention of any of the employer duty provisions. The auto-enrolment regime, established under Part 1 of the Pensions Act 2008 (PenA 2008), imposes three key enrolment duties on employers: to enrol all of their 'eligible jobholders' automatically into an 'automatic enrolment scheme' (the auto-enrolment duty) The chief executive is to be an employee of the Authority. In section 18(1) of the Employment Tribunals Act. (Not applied) Part 2 - Simplification etc Private pensions 100. In section 16 (agreements on financial provision). section 8(2)(b) (refund of contributions if jobholder opts out of scheme membership), and any provision of regulations under that provision, section 10 (requirement to give information to workers), and any provision of regulations under that section, or. (5)Where this subsection applies, section 3 has effect in relation to the jobholder with the substitution for subsection (2) of the following subsection, (2)The employer must make prescribed arrangements by which the jobholder either, (a)becomes an active member, with effect from the closure date, of an automatic enrolment scheme which is a defined benefits scheme or a hybrid scheme, or, (b)becomes an active member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a money purchase scheme., (6)If the jobholder becomes a member of a scheme under arrangements made under subsection (2)(b) of that section (as substituted by subsection (5)). Short title, construction, collective citation and commencement. (4)But a contract is not within subsection (3)(b) if the status of the other party is by virtue of the contract that of a client or customer of a profession or business undertaking carried on by the individual concerned. Act you have selected contains over (a)for paragraph 2 substitute paragraphs 2 and 4; (b)for that paragraph substitute those paragraphs. (4)In this section references to enforcing a requirement include references to securing its benefit in any way.. 11. (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). 8% of the amount of the jobholders qualifying earnings in the relevant pay reference period. for determining the date with effect from which the worker is (subject to compliance with any requirements of the scheme) to become an active member under the arrangements. 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. of the Tribunal), in paragraph 7(5). (a)where the arrangements relate to an occupational pension scheme, the trustees or managers of the scheme; (b)where the arrangements relate to a personal pension scheme, the provider of the scheme. (3)Regulations may prescribe the period within which. The partner, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly. (4)After subsection (7J) of that section insert, (7JA)This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 104D (read with subsection (2) of that section)., (5)In section 108 (exclusion of right: qualifying period of employment) in subsection (3) (cases where no qualifying period is required) after paragraph (gi) insert. Definitions. (4)A third party notice may give the third party a choice between different ways of remedying or preventing the recurrence of the third partys failure. (3)On a reference to the Pensions Regulator Tribunal in respect of a notice, the effect of the notice is suspended for the period beginning when the Tribunal receives notice of the reference and ending, (a)when the reference is withdrawn or completed, or. In paragraph 13, after sub-paragraph (3) insert. references to a worker are to be construed as references to a person employed by or under the Crown; references to a workers contract are to be construed as references to the terms of employment of a person employed by or under the Crown. (8)The transitional period for defined benefits and hybrid schemes is a prescribed period beginning with the day on which section 3 comes into force. discharge the other functions conferred on it by this Schedule. (b)both are companies of which a third person (directly or indirectly) has control; and associated employer is to be read accordingly. 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, that event is not the effect of any action or omission by the jobholder or the employer, and. (1)The Secretary of State must make provision by regulations. (a)as if any individual of a prescribed description (who would not otherwise be a worker) were a worker, (b)as if there were in the case of any such individual a workers contract of a prescribed description under which the individual works, and. the duties of the employer under Chapter 1 of Part 1 of the Pensions Act 2008 or under any corresponding provision in force in Northern Ireland, the administration of a pension scheme that is relevant to the discharge of those duties, or. (1B)The Regulator may not require a person to answer any question or furnish any information which might incriminate the person or, if that person is married or a civil partner, the persons spouse or civil partner., (3)In section 74, before subsection (1) insert, (A1)An inspector may, for the purposes of investigating whether an employer is contravening, or has contravened, (a)any provision of, or of regulations under, Chapter 1 of Part 1, or section 50 or 54, of the Pensions Act 2008, or. (3)Subsection (2) does not apply if the jobholder was an active member of a qualifying scheme on the automatic re-enrolment date. (a)if the person is employed by, or is acting in the matter for, the employer or an associated employer. (b)there is at least one other person who is employed by the company under a contract of employment. (11)Rules are subject to any provision made by order. An order under section 67 must prescribe the maximum amount of contributions that may be made by or in respect of a member in any tax year. (3)A fine imposed on a partnership or association on its conviction of an offence under section 45 is to be paid out of the funds of the partnership or association. Appointment of pensions authority. (c)as if a person of a prescribed description were the employer under that contract. The Pensions Act 2004 is amended as follows. 18. (b)to be signed or otherwise authorised by the jobholder. (1)For the purposes of this Part a jobholder is a worker. (6)Subsection (7) applies where an offence under section 45 committed by an unincorporated association is proved, (a)to have been committed with the consent or connivance of an officer of the association, or. when a contribution is to be treated as made; how contributions are to be treated if the maximum is exceeded; circumstances in which a payment is to be made to any person in respect of an excess contribution; who is to make any such payment and how it is to be calculated. In this section, employee includes a jobholder within the meaning of section 1 of the Pensions Act 2008 and employer is to be read accordingly. 5. (3)A third party notice may, in particular. 17. (1)This section applies for the purposes of this Part. there is at least one other person who is employed by the company under a contract of employment. An escalating penalty is a penalty which is calculated by reference to a prescribed daily rate. (4)The trustees must consult the members' panel and the employers' panel before deciding whether to give consent. (3)The rules may provide for different paragraphs to be appropriate for different provisions of a scheme. A compliance notice is a notice directing the employer to take, or refrain from taking, the steps specified in the notice in order to. For the purposes of provision under subsection (1) an order may in particular make provision as to. In this section references to enforcing a requirement include references to securing its benefit in any way. (1)Section 146 of the Pension Schemes Act 1993 (c. 48) (functions of the Pensions Ombudsman) is amended as follows. This Part has effect in relation to employment as a relevant member of the House of Commons staff as it has effect in relation to other employment. The Secretary of State may by regulations provide that sections 2 to 9 do not apply in the case of an employer of any description until such date after the commencement of those sections as is prescribed in relation to employers of that description. Membership Tier 2 Members enrolled on or after July 1, 2007, and prior to November 2, 2008, and who have a minimum pensionable salary of $1,500 . Subsection (1) is not contravened if the jobholder becomes an active member of another qualifying scheme within the prescribed period. For the purposes of arrangements under subsection (2) regulations may require information to be provided to any person by the employer or. (a)a hovercraft within the meaning of the Hovercraft Act 1968 (c. 59), and. (b)in what circumstances it must be given; (1)The Secretary of State may make regulations requiring employers to provide the Pensions Regulator (the Regulator) with information about action they have taken or intend to take for the purposes of any provision of, or of regulations under, sections 2 to 10. (4)If at any time in the transitional period for defined benefits and hybrid schemes the condition in subsection (2)(c) or (d) of this section ceases to be satisfied, subsection (5) applies instead of subsection (3) (and the day after the last day on which that condition is satisfied is referred to as the closure date). (c)the duty under section 7(3) (jobholders right to opt in). (a)it is a qualifying scheme in relation to J, (b)it satisfies the conditions in subsection (2), and. (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%. freezing event in relation to a scheme means, the making of a freezing order under section 23 of the Pensions Act 2004 (c. 35) in relation to the scheme, or. (1)The Secretary of State may by order provide for the winding up and dissolution of the Authority.. The corporation may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of its functions. to be attributable to any neglect on the part of a partner. 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)for the words from whether before to those purposes substitute while subject to the requirement in subsection (5); (11)In subsection (9), after the definition of employer insert, relevant date means the date on which section 87 of the Pensions Act 2008 comes into force.. 7. (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). (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. Act you have selected contains over 4. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. (a)for a scheme within subsection (3)(a), means the quality requirement under section 20; (b)for a scheme within subsection (3)(b), means the quality requirement under section 26; (c)for a scheme within paragraph (c) of subsection (3), means the requirements mentioned in that paragraph. (2)Where a worker is an active member of a scheme that satisfies the requirements of section 9 and a freezing event occurs in relation to the scheme, the worker does not, for the purposes of section 9(1)(c), cease to be an active member of the scheme by virtue of any relevant provision. 16. any provision of Chapter 1 of that Part of that Act applies to the employee, or will or might apply. This date is our basedate. The Secretary of State may by regulations make further provision in relation to notices under this section. (2)For the purposes of this section, the relevant provisions are. (b)to be attributable to any neglect on the part of an officer of the body corporate. (a)to, or in accordance with authority given by, the Commissioners for Her Majestys Revenue and Customs. (1)A person who holds office as a director of a company is not, by virtue of that office or of any employment by the company, a worker for the purposes of this Part, unless, (a)the person is employed by the company under a contract of employment, and. references to a workers contract are to be read as references to the terms of employment of a relevant member of the House of Commons staff. It must be a scheme that complies with any provision of Northern Ireland legislation corresponding to subsection (4). as if that person were the agency workers employer. a person purporting to act in such a capacity. (4)Where the affairs of a body corporate are managed by its members, this section applies in relation to the acts and defaults of a member in connection with the members functions of management as if the member were an officer of the body corporate. 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. Access essential accompanying documents and information for this legislation item from this tab. The non-executive committee must prepare a report on the discharge of the functions mentioned in sub-paragraph (2) for inclusion in the annual report of the Authority under paragraph 17. Regulations prescribing arrangements for the purposes of section 3(2), 5(2), 7(3) or 9(2), may require the employer to make such a deduction or payment at any time on or after the date with effect from which the jobholder is to become an active member of a scheme under the arrangements. The fact that an agreement is to any extent void under subsection (1) does not entitle the employer to recover any property transferred, or the value of any benefit conferred, as an inducement to enter into, or otherwise in connection with, the agreement. 200 provisions and might take some time to download. any corresponding provision in force in Northern Ireland, Premises are liable to inspection for the purposes of subsection (A1) if the inspector has reasonable grounds to believe that, documents relevant to any of the following are being kept there. Partner in this section includes a person purporting to act as a partner. (ca)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 this section, employer in relation to a worker means the person by whom the worker is or, if the employment has ceased, was employed. (5)Schedule 1 makes provision about the trustee corporation. (b)if the reference is made out of time, on the Tribunal determining not to allow the reference to proceed. The conditions mentioned in subsection (1)(b) are that. In subsections (A1) and (B1) employer and worker have the meaning given by section 88 of the Pensions Act 2008. Most of its provisions will come into force in 2012. (8)Paragraphs 9 and 10 do not apply to the non-executive committee.. (1)Section 43 (review of notices) also applies to a compliance notice issued under section 51 and to a penalty notice issued under section 52. 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). THE PENSIONS ACT. (1) The Board must determine an application for a terminal Terminal illness lump sum: effect of successful application. An increase under subsection (1)(b) may be made only, by increasing the amount of any contribution, directly or by modifying the basis on which it is calculated, or. (3)A compliance notice may, in particular. (5)The partner, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly. The Secretary of State may by regulations make provision for the manner of, and criteria for, determining whether the pensions to be provided for the relevant members under a scheme are broadly equivalent to, or better than, the pensions which would be provided for them under a test scheme. an application to review a notice may be made under subsection (1)(a); a notice may be reviewed under subsection (1)(b). The corporations powers within subsection (3)(b) and (c) are exercisable only with the consent of the Secretary of State. (a)a compliance notice issued to an employer in respect of a contravention of section 2(1) or a failure to comply with an enrolment duty; (2)The notice may, in particular, include.

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