The Occupational Pension Schemes (Winding up Procedure Requirement) Regulations 2006

• Citation: S.I. 2006/1733
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Occupational Pension Schemes (Winding up Procedure Requirement) Regulations 2006 and shall come into force on 24th July 2006.

Section 2 Amendment of the Pensions Act 2004

(1) After section 231 of the Pensions Act 2004 (powers of the Regulator) insert—

Requirements for winding up procedure

(231A)

(1) Where an occupational pension scheme in respect of which a recovery plan has been prepared under section 226 begins to wind up during the recovery period, the trustees or managers of the scheme must as soon as reasonably practicable prepare a winding up procedure.

(2) A winding up procedure must—

(a) set out the action to be taken to establish the liabilities to or in respect of the members of the scheme, in respect of pensions or other benefits, and to recover any assets of the scheme;

(b) give an estimate of the amount of time it will take to establish those liabilities and to recover any such assets;

(c) give an indication of which of the accrued rights or benefits (if any), to which a person is entitled under the scheme, are likely to be affected by a reduction in actuarial value;

(d) specify which one or more of the ways mentioned in subsection (3)(a) to (e) of section 74 of the Pensions Act 1995 will be used to discharge the liabilities to or in respect of the members of the scheme in respect of pensions or other benefits;

(e) give an estimate of the amount of time it will take to discharge those liabilities.

(3) The requirement imposed by subsection (2)(c) applies only to the extent that the trustees or managers have sufficient information to give such an indication.

(4) A winding up procedure must be appropriate having regard to the nature and circumstances of the scheme.

(5) A winding up procedure may be reviewed, and if necessary revised, where the trustees or managers consider that there are reasons that may justify a variation to it.

(6) The trustees or managers must send a copy of any winding up procedure to the Regulator as soon as reasonably practicable after it has been prepared or, as the case may be, revised.

(7) Where any requirement of this section is not complied with, section 10 of the Pensions Act 1995 (civil penalties) applies to a trustee or manager who has failed to take all reasonable steps to secure compliance.

(8) In this section “recovery period”, in relation to an occupational pension scheme, means the period specified in the scheme’s recovery plan in accordance with section 226(2)(b).

Section 3 Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996

(1) Amend the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 as follows.

(2) In regulation 7(1) (availability of other documents), after sub-paragraph (d) insert—

(e) an outline of the winding up procedure prepared or revised under section 231A of the 2004 Act ,

Section 4 Amendment of the Register of Occupational and Personal Pension Schemes Regulations 2005

(1) Amend the Register of Occupational and Personal Pension Schemes Regulations 2005 as follows.

(2) In regulation 3 (registrable information)—

(a) after paragraph (1)(f) add—

(g) in the case where an occupational pension scheme in respect of which a recovery plan has been prepared under section 226 of the Act begins to wind up during the recovery period, the date on which the winding up commenced.

(b) for paragraph (4) substitute—

(4) In this regulation—

“multi-employer scheme” means a trust scheme in relation to which there is more than one employer;

“recovery period” means the period specified in the scheme’s recovery plan in accordance with section 226(2)(b) of the Act.

Section 5 Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations 2005

(1) Amend the Occupational Pension Schemes (Scheme Funding) Regulations 2005 as follows.

(2) In regulation 8 (recovery plan), omit paragraph (8).

(3) In regulation 17 (exemptions – general)—

(a) in paragraph (1)(l), for “subject to regulation 18” substitute “subject to paragraph (1A) and regulation 18”;

(b) after paragraph (1) insert—

(1A) Section 231A of the 2004 Act applies to a scheme where—

(a) a recovery plan has been prepared under section 226 of the 2004 Act, and

(b) the scheme begins to wind up during the recovery period.

(4) after paragraph (2) insert—

(2A) In paragraph (1A) “recovery period” means the period specified in the scheme’s recovery plan in accordance with section 226(2)(b) of the 2004 Act;