Pensions Act 2008
Sections and provisions with full text and the judgments that cite each one.
Section 28D — Information
Information 28D 1 Regulations may make provision about information that the trustees or managers of a relevant Master Trust or the provider of a group personal pension scheme must give to the…
Section 28E — Transition pathway relief
Transition pathway relief 28E 1 The Regulatory Authority (“ the Authority ”) may approve a relevant Master Trust as qualifying for transition pathway relief if the Authority determines that— a the…
Section 28F — New entrant pathway relief
New entrant pathway relief 28F 1 A relevant Master Trust or group personal pension scheme qualifies for new entrant pathway relief for the purposes of Condition 1(e) of section 20(1A) or section…
Section 28G — Suspension of asset allocation requirement: savers’ interest test
Suspension of asset allocation requirement: savers’ interest test 28G 1 Regulations must make provision for authorising the Regulatory Authority (“ the Authority ”), on an application by a relevant…
Section 28H — Risk notices
Risk notices 28H 1 The Regulatory Authority (“ the Authority ”) may give a risk notice to the trustees or managers of a relevant Master Trust if the Authority considers that— a there is an issue of…
Section 28I — Penalties
Penalties 28I 1 Regulations may make provision about the imposition by the Regulatory Authority of a penalty on the trustees or managers of a relevant Master Trust or the provider of a group personal…
Section 28J — Enforcement by the Financial Conduct Authority
Enforcement by the Financial Conduct Authority 28J 1 The Treasury may make regulations to enable the Financial Conduct Authority to take action (in addition to any action it may otherwise take under…
Section 28K — Report about effects of pension scheme consolidation
Report about effects of pension scheme consolidation 28K 1 The Secretary of State must prepare and publish a report about the effects of consolidation on innovation in the design and operation of…
Section 28L — Regulations about quality requirements
Regulations about quality requirements 28L In making regulations under section 20(1A) or (1C), 26(7A), 28A, 28B, 28E or 28F, the Secretary of State must have regard to the importance of— a innovation…
Section 29 — Transitional periods for money purchase and personal pension schemes
Transitional periods for money purchase and personal pension schemes 29 1 During the first transitional period ...— a sections 20(1)(b) and 26(4)(b) have effect as if for “3%” there were substituted…
Section 30 — Transitional period for defined benefits and hybrid schemes
Transitional period for defined benefits and hybrid schemes 30 1 Subsection (3) applies if, in relation to a person who on the employer's first enrolment date is a jobholder to whom section 3…
Section 30A — Review of exercise of powers under section 28C
Review of exercise of powers under section 28C 30A 1 The Secretary of State must— a review the effects of any regulations under section 28C (approvals in respect of asset allocation), and b prepare,…
Section 31 — Effect of freezing order , assessment period or pause order
Effect of freezing order , assessment period or pause order 31 1 Where a jobholder is an active member of a qualifying scheme and a freezing event occurs in relation to the scheme, the jobholder does…
Section 32 — Power of trustees or managers to modify by resolution
Power of trustees or managers to modify by resolution 32 1 The trustees or managers of an occupational pension scheme may by resolution modify the scheme— a with a view to enabling the scheme to…
Section 33 — Deduction of contributions
Deduction of contributions 33 1 An employer who arranges for a person to become a member of a scheme in accordance with section 3(2), 5(2) or 7(3), or of an occupational pension scheme in accordance…
Section 34 — Effect of failure to comply
Effect of failure to comply 34 1 Contravention of any of the employer duty provisions does not give rise to a right of action for breach of statutory duty. 2 But nothing in the employer duty…
Section 35 — Compliance notices
Compliance notices 35 1 The Regulator may issue a compliance notice to a person if the Regulator is of the opinion that the person has contravened one or more of the employer duty provisions. 2 A…
Section 36 — Third party compliance notices
Third party compliance notices 36 1 The Regulator may issue a third party compliance notice if it is of the opinion that— a a person has contravened one or more of the employer duty provisions, b the…
Section 37 — Unpaid contributions notices
Unpaid contributions notices 37 1 The Regulator may issue an unpaid contributions notice to an employer if it is of the opinion that relevant contributions have not been paid on or before the due…
Section 38 — Calculation and payment of contributions
Calculation and payment of contributions 38 1 This section applies to— a a compliance notice issued to an employer in respect of a contravention of section 2(1) or a failure to comply with an…
Section 38A — Section 38 contribution notice: meaning of “material detriment test”
Section 38 contribution notice: meaning of “material detriment test” 38A 1 For the purposes of section 38 the material detriment test is met in relation to an act or failure if the Regulator is of…
Section 38B — Section 38 contribution notice issued by reference to material detriment test: defence
Section 38 contribution notice issued by reference to material detriment test: defence 38B 1 This section applies where— a a warning notice is given to any person (“P”) in respect of a contribution…
Section 39 — Meaning of “relevant contributions”
Meaning of “relevant contributions” 39 1 In sections 37 and 38 “relevant contributions” are— a in relation to a jobholder, employer contributions payable to a qualifying scheme in relation to the…
Section 39A — Section 38 contribution notice: transfer of members of the scheme
Section 38 contribution notice: transfer of members of the scheme 39A 1 This section applies where— a the Regulator is of the opinion that in relation to a scheme (“ the initial scheme ”) in relation…
Section 39B — Section 39A: supplemental
Section 39A: supplemental 39B 1 In section 39A a “ transferee scheme ”, in relation to any time, means any work-based pension scheme— a to which the accrued rights of at least two persons who were…
Section 40 — Fixed penalty notices
Fixed penalty notices 40 1 The Regulator may issue a fixed penalty notice to a person if it is of the opinion that the person has failed to comply with— a a compliance notice under section 35, b a…
Section 40B — Appeals relating to pension compensation sharing orders which have taken effect
Appeals relating to pension compensation sharing orders which have taken effect 40B 1 This section applies where an appeal against a pension compensation sharing order is begun on or after the day on…
Section 41 — Escalating penalty notices
Escalating penalty notices 41 1 The Regulator may issue an escalating penalty notice to a person if it is of the opinion that the person has failed to comply with— a a compliance notice under section…
Section 42 — Penalty notices: recovery
Penalty notices: recovery 42 1 Any penalty payable under section 40 or section 41 is recoverable by the Regulator. 2 In England and Wales, any such penalty is, if the county court so orders,…
Section 43 — Review of notices
Review of notices 43 1 The Regulator may review a notice to which this section applies— a on the written application of the person to whom the notice was issued, or b if the Regulator otherwise…
Section 43A — Financial support directions: transfer of members of the scheme
Financial support directions: transfer of members of the scheme 43A 1 This section applies where— a the Regulator is of the opinion by reference to any time that the conditions in section 43 for…
Section 43B — Section 43A: supplemental
Section 43A: supplemental 43B 1 In section 43A a “ transferee scheme ”, in relation to any time, means any work-based pension scheme— a to which the accrued rights of at least two persons who were…
Section 44 — References to First-tier Tribunal or Upper Tribunal
References to First-tier Tribunal or Upper Tribunal 44 1 A person to whom a notice is issued under section 40 or 41 may, if one of the conditions in subsection (2) is satisfied, make a reference to…
Section 45 — Offences of failing to comply
Offences of failing to comply 45 1 An offence is committed by an employer who wilfully fails to comply with— a the duty under section 3(2) (automatic enrolment), b the duty under section 5(2)…
Section 45AA — Effect of working families' tax credit and disabled person's tax credit on earnings factor
Effect of working families' tax credit and disabled person's tax credit on earnings factor 45AA 1 For the purposes of calculating additional pension under sections 44 and 45 where, in the case of any…
Section 46 — Offences by bodies corporate
Offences by bodies corporate 46 1 Subsection (2) applies where an offence under section 45 committed by a body corporate is proved— a to have been committed with the consent or connivance of an…
Section 47 — Offences by partnerships and unincorporated associations
Offences by partnerships and unincorporated associations 47 1 Proceedings for an offence under section 45 alleged to have been committed by a partnership or an unincorporated association may be…
Section 48 — Offences of providing false or misleading information
Offences of providing false or misleading information 48 In section 80(1)(a) of the Pensions Act 2004 (c. 35) (offences of providing false or misleading information)— a at the end of sub-paragraph…
Section 49 — Monitoring of employers' payments to personal pension schemes
Monitoring of employers' payments to personal pension schemes 49 In section 111A of the Pension Schemes Act 1993 (c. 48) (monitoring of employers' payments to personal pension schemes), at the end…
Section 50 — Prohibited recruitment conduct
Prohibited recruitment conduct 50 1 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…
Section 51 — Compliance notices
Compliance notices 51 1 The Regulator may issue a compliance notice to an employer if the Regulator is of the opinion that the employer has contravened section 50. 2 A compliance notice is a notice…
Section 52 — Penalty notices
Penalty notices 52 1 The Regulator may issue a penalty notice to an employer if the Regulator is of the opinion that the employer— a has contravened section 50, or b has failed to comply with a…
Section 53 — Review of notices and references to First-tier Tribunal or Upper Tribunal
Review of notices and references to First-tier Tribunal or Upper Tribunal 53 1 Section 43 (review of notices) also applies to a compliance notice issued under section 51 and to a penalty notice…
Section 54 — Inducements
Inducements 54 1 An employer contravenes this section if the employer takes any action for the sole or main purpose of— a inducing a worker to give up membership of a relevant scheme without becoming…
Section 55 — The right not to suffer detriment
The right not to suffer detriment 55 1 A worker has the right not to be subjected to any detriment by an act, or a deliberate failure to act, by the worker's employer, done on the ground that— a any…
Section 56 — Enforcement of the right
Enforcement of the right 56 1 A worker may present a complaint to an employment tribunal that the worker has been subjected to a detriment in contravention of section 55. 2 Subject to the following…
Section 57 — Right of employee not to be unfairly dismissed
Right of employee not to be unfairly dismissed 57 1 The Employment Rights Act 1996 (c. 18) is amended as follows. 2 After section 104C (flexible working) insert— Pension enrolment 104D 1 An employee…
Section 58 — Restrictions on agreements to limit operation of this Part
Restrictions on agreements to limit operation of this Part 58 1 Any provision in any agreement (whether a worker's contract or not) is void in so far as it purports— a to exclude or limit the…
Section 59 — Employment Appeal Tribunal
Employment Appeal Tribunal 59 In section 21(1) of the Employment Tribunals Act 1996 (c. 17) (jurisdiction of appeal tribunal), after paragraph (gc) insert— gd the Pensions Act 2008, .
Section 60 — Requirement to keep records
Requirement to keep records 60 1 For the purposes of Chapter 1 or 2 of this Part, the Secretary of State may by regulations make provision requiring any person— a to keep, in such form and manner as…