Pensions Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 233 — Construction as one with the Pensions Act 1995
Construction as one with the Pensions Act 1995 233 This Part shall be construed as one with Part 1 of the Pensions Act 1995 (c. 26).
Section 234 — Promoting and facilitating financial planning for retirement
Promoting and facilitating financial planning for retirement 234 1 The Secretary of State and the Northern Ireland Department may take action for the purpose of promoting or facilitating financial…
Section 235 — Supply of information for purposes of section 234
Supply of information for purposes of section 234 235 1 This section applies to— a information which is relevant for determining the pensions and other benefits that may become payable to or in…
Section 236 — Use and supply of information: private pensions policy and retirement planning
Use and supply of information: private pensions policy and retirement planning 236 Schedule 10 (which makes provision about the use and supply of information for purposes relating to private pensions…
Section 237 — Combined pension forecasts
Combined pension forecasts 237 1 Regulations may require the trustees or managers of an occupational or personal pension scheme to provide any member of the scheme with— a the information specified…
Section 238 — Information and advice to employees
Information and advice to employees 238 1 Regulations may require employers to take action for the purpose of enabling employees to obtain information and advice about pensions and saving for…
Section 238A — Qualifying pensions dashboard service
Qualifying pensions dashboard service 238A 1 A pensions dashboard service is an electronic communications service by means of which information about pensions may be requested by, and provided to, an…
Section 238B — Qualifying pension dashboard service: further provision
Qualifying pension dashboard service: further provision 238B 1 Requirements prescribed under section 238A(2) may make provision about— a dealing with requests for information about pensions,…
Section 238C — Sections 238A and 238B: interpretation
Sections 238A and 238B: interpretation 238C 1 This section applies for the purposes of sections 238A and 238B. 2 A reference to state pension information, in relation to an individual, is a reference…
Section 238D — Information from occupational pension schemes
Information from occupational pension schemes 238D 1 Regulations may impose requirements on the trustees or managers of a relevant occupational pension scheme with respect to— a providing pensions…
Section 238E — Information from occupational pension schemes: further provision
Information from occupational pension schemes: further provision 238E 1 Regulations under section 238D(1) may make provision about— a how pensions information is to be provided, including provision…
Section 238F — Sections 238D and 238E: interpretation
Sections 238D and 238E: interpretation 238F 1 This section has effect for the purposes of sections 238D and 238E. 2 A reference to the Money and Pensions Service includes a reference to a person with…
Section 238G — Compliance
Compliance 238G 1 Regulations may make provision with a view to securing that the trustees or managers of a relevant occupational pension scheme comply with a provision of regulations under section…
Section 239 — Categories of pension scheme
Categories of pension scheme 239 1 Section 1 of the Pension Schemes Act 1993 (c. 48) (categories of pension scheme) is amended as follows. 2 The provisions of the section shall become subsection (1)…
Section 240 — Meaning of “employer” in Part 1 of the Pensions Act 1995
Meaning of “employer” in Part 1 of the Pensions Act 1995 240 1 In section 125 of the Pensions Act 1995 (c. 26) (supplementary provision relating to interpretation), in subsection (3) (extension of…
Section 241 — Requirement for member-nominated trustees
Requirement for member-nominated trustees 241 1 The trustees of an occupational trust scheme must secure— a that, within a reasonable period of the commencement date, arrangements are in place which…
Section 242 — Requirement for member-nominated directors of corporate trustees
Requirement for member-nominated directors of corporate trustees 242 1 Where a company is a trustee of an occupational trust scheme and every trustee of the scheme is a company, the company must…
Section 243 — Member-nominated trustees and directors: supplementary
Member-nominated trustees and directors: supplementary 243 1 The Secretary of State may, by order, amend sections 241(1)(a) and (4) and 242(1)(a) and (4) by substituting, in each of those provisions,…
Section 244 — Investment principles
Investment principles 244 For section 35 of the Pensions Act 1995 (investment principles) substitute— Investment principles 35 1 The trustees of a trust scheme must secure— a that a statement of…
Section 245 — Power to make regulations governing investment by trustees
Power to make regulations governing investment by trustees 245 1 Section 36 of the Pensions Act 1995 (c. 26) (choosing investments) is amended as follows. 2 For subsection (1) substitute— 1 The…
Section 246 — Borrowing by trustees
Borrowing by trustees 246 After section 36 of the Pensions Act 1995 insert— Restriction on borrowing by trustees 36A Regulations may prohibit the trustees of a trust scheme, or the fund manager to…
Section 247 — Requirement for knowledge and understanding: individual trustees
Requirement for knowledge and understanding: individual trustees 247 1 This section applies to every individual who is a trustee of an occupational pension scheme. 2 In this section, “ relevant…
Section 248 — Requirement for knowledge and understanding: corporate trustees
Requirement for knowledge and understanding: corporate trustees 248 1 This section applies to any company which is a trustee of an occupational pension scheme. 2 In this section, “ relevant scheme ”,…
Section 248A — Requirement for knowledge and understanding: pension boards of public service pension schemes
Requirement for knowledge and understanding: pension boards of public service pension schemes 248A 1 This section applies to every individual who is a member of the pension board of a public service…
Section 249 — Requirement for knowledge and understanding: supplementary
Requirement for knowledge and understanding: supplementary 249 1 For the purposes of sections 247 and 248, a person’s functions as trustee of a relevant scheme are any functions which he has by…
Section 249A — Requirement for an effective system of governance
Requirement for an effective system of governance 249A 1 The trustees or managers of an occupational pension scheme must establish and operate an effective system of governance including internal…
Section 249B — Requirement for internal controls: public service pension schemes
Requirement for internal controls: public service pension schemes 249B 1 The scheme manager of a public service pension scheme must establish and operate internal controls which are adequate for the…
Section 250 — Payment of surplus to employer
Payment of surplus to employer 250 For section 37 of the Pensions Act 1995 (payment of surplus to employer) substitute— Payment of surplus to employer 37 1 This section applies to a trust scheme if—…
Section 251 — Payment of surplus to employer: transitional power to amend scheme
Payment of surplus to employer: transitional power to amend scheme 251 1 This section applies to a scheme a which is one to which section 37 of the Pensions Act 1995 applies, and b which immediately…
Section 252 — UK-based scheme to be trust with effective rules
UK-based scheme to be trust with effective rules 252 1 Subsections (2) and (3) apply to an occupational pension scheme that has its main administration in the United Kingdom. 2 If the scheme is not…
Section 253 — Non-UK scheme to be trust with UK-resident trustee
Non-UK scheme to be trust with UK-resident trustee 253 1 Subsections (2) and (3) apply to an occupational pension scheme that has its main administration outside the . United Kingdom 2 An employer…
Section 254 — Representative of non-UK scheme to be treated as trustee
Representative of non-UK scheme to be treated as trustee 254 1 In the case of an occupational pension scheme that has its main administration outside the , a reference in pensions legislation to the…
Section 255 — Activities of occupational pension schemes
Activities of occupational pension schemes 255 1 If an occupational pension scheme has its main administration in the United Kingdom, the trustees or managers of the scheme must secure that the…
Section 256 — No indemnification for fines or civil penalties
No indemnification for fines or civil penalties 256 1 No amount may be paid out of the assets of an occupational or personal pension scheme for the purpose of reimbursing, or providing for the…
Section 257 — Conditions for pension protection
Conditions for pension protection 257 1 This section applies in relation to a person (“ the employee ”) where— a there is a relevant transfer within the meaning of the TUPE regulations, b by virtue…
Section 258 — Form of protection
Form of protection 258 1 In a case where section 257 applies, it is a condition of the employee’s contract of employment with the transferee that the requirements in subsection (2) or the requirement…
Section 259 — Consultation by employers: occupational pension schemes
Consultation by employers: occupational pension schemes 259 1 Regulations may require any prescribed person who is the employer in relation to an occupational pension scheme and who— a proposes to…
Section 260 — Consultation by employers: personal pension schemes
Consultation by employers: personal pension schemes 260 1 Regulations may require any prescribed person who— a is the employer in relation to a personal pension scheme where direct payment…
Section 261 — Further provisions about regulations relating to consultation
Further provisions about regulations relating to consultation 261 1 In this section “ consultation regulations ” means regulations under section 259 or 260. 2 Consultation regulations may— a make…
Section 262 — Modification of subsisting rights
Modification of subsisting rights 262 For section 67 of the Pensions Act 1995 (c. 26) substitute— The subsisting rights provisions 67 1 The subsisting rights provisions apply to any power conferred…
Section 263 — Increase in age at which short service benefit must be payable
Increase in age at which short service benefit must be payable 263 1 In section 71 of the Pension Schemes Act 1993 (c. 48) (basic principle as to short service benefit), for subsection (3)…
Section 264 — Early leavers: cash transfer sums and contribution refunds
Early leavers: cash transfer sums and contribution refunds 264 After section 101 of the Pension Schemes Act 1993 insert— Scope of Chapter 5 101AA 1 This Chapter applies to any member of an…
Section 265 — Paternity leave and adoption leave
Paternity leave and adoption leave 265 1 In Schedule 5 to the Social Security Act 1989 (c. 24) (employment-related schemes for pensions or other benefits: equal treatment), after paragraph 5 insert—…
Section 266 — Inalienability of occupational pension
Inalienability of occupational pension 266 1 Section 91 of the Pensions Act 1995 (c. 26) (inalienability of occupational pension) is amended as follows. 2 In subsection (5) (exceptions to the rule of…
Section 267 — Voluntary contributions
Voluntary contributions 267 1 Omit section 111 of the Pension Schemes Act 1993 (c. 48) (requirements for schemes to provide facilities for members to pay voluntary contributions, and relating to any…
Section 268 — Payments made by employers to personal pension schemes
Payments made by employers to personal pension schemes 268 1 Section 111A of the Pension Schemes Act 1993 (c. 48) (monitoring of employers' payments to personal pension schemes) is amended as…
Section 269 — Payments made by employers and members to occupational pension schemes
Payments made by employers and members to occupational pension schemes 269 1 In section 49 of the Pensions Act 1995 (c. 26) (other responsibilities of trustees, employers, etc), in subsection (9)…
Section 270 — Winding up
Winding up 270 1 For section 73 of the Pensions Act 1995 (c. 26) (preferential liabilities on winding up) substitute— Preferential liabilities on winding up 73 1 This section applies where an…
Section 271 — Debt due from the employer when assets insufficient
Debt due from the employer when assets insufficient 271 1 Section 75 of the Pensions Act 1995 (c. 26) (deficiencies in the assets) is amended as follows. 2 For subsections (1) to (4) substitute— 1…
Section 272 — Debt due from the employer in the case of multi-employer schemes
Debt due from the employer in the case of multi-employer schemes 272 After section 75 of the Pensions Act 1995 (c. 26) (deficiencies in the assets) insert— Deficiencies in the assets: multi-employer…