VadeLab

Pensions Act 2008

Sections and provisions with full text and the judgments that cite each one.

Section 108 — Interpretation

Interpretation 108 In this Chapter— “ the Board ” means the Board of the Pension Protection Fund; “ PPF compensation ” means compensation payable under the pension compensation provisions; “ the…

Section 109 — Activation of pension compensation sharing

Activation of pension compensation sharing 109 Section 111 applies on the taking effect of any of the following relating to a person's shareable rights to PPF compensation— a a pension compensation…

Section 110 — Activation of pension compensation sharing: supplementary (Scotland)

Activation of pension compensation sharing: supplementary (Scotland) 110 1 For the purposes of this Chapter, a qualifying agreement is an agreement which— a has been entered into in such…

Section 111 — Creation of pension compensation debits and credits

Creation of pension compensation debits and credits 111 1 On the application of this section— a the transferor's shareable rights to PPF compensation that derive from rights under the specified…

Section 112 — Cash equivalents

Cash equivalents 112 1 The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of section 111. 2 Regulations under this…

Section 113 — Reduction of compensation

Reduction of compensation 113 1 Where any of a person's shareable rights to PPF compensation are subject to a pension compensation debit, each payment or future payment— a to which the person is…

Section 114 — Time for discharge of liability

Time for discharge of liability 114 1 This section applies where the Board is subject to a liability in respect of a pension compensation credit. 2 The Board must discharge the liability before the…

Section 115 — “Implementation period”

“Implementation period” 115 1 For the purposes of this Chapter, the implementation period for a pension compensation credit is the period of 4 months beginning with the later of— a the transfer day,…

Section 116 — Discharge of liability

Discharge of liability 116 1 This section applies where the Board is subject to a liability in respect of a pension compensation credit. 2 The Board must discharge the liability by sending a notice…

Section 117 — Charges in respect of pension compensation sharing costs

Charges in respect of pension compensation sharing costs 117 1 The Secretary of State may by regulations make provision for the purpose of enabling the Board to recover from the parties to pension…

Section 118 — Supply of information about pension compensation in relation to divorce etc

Supply of information about pension compensation in relation to divorce etc 118 1 The Secretary of State may by regulations— a make provision imposing on the Board requirements with respect to the…

Section 119 — Supply of information about pension compensation sharing

Supply of information about pension compensation sharing 119 The Secretary of State may by regulations require the Board to supply, to such persons as the Secretary of State may specify in the…

Section 120 — Pension compensation sharing and attachment on divorce etc

Pension compensation sharing and attachment on divorce etc 120 Schedule 6 (which amends matrimonial and civil partnership legislation for the purpose of enabling the court to make pension…

Section 121 — Charges in respect of pension sharing etc

Charges in respect of pension sharing etc 121 After section 168 of the Pensions Act 2004 (c. 35) (administration of compensation) insert— Charges in respect of pension sharing etc Charges in respect…

Section 122 — Amendments of Schedule 7 to the Pensions Act 2004

Amendments of Schedule 7 to the Pensions Act 2004 122 Schedule 8 (amendments of Schedule 7 to the Pensions Act 2004) has effect.

Section 123 — Consequential amendments

Consequential amendments 123 1 The Pensions Act 2004 (c. 35) is amended as follows. 2 In section 173 (Pension Protection Fund)— a in subsection (3)(b), after “the pension compensation provisions”…

Section 124 — Financial assistance scheme

Financial assistance scheme 124 1 Subsection (2) of section 286 of the Pensions Act 2004 (c. 35) (financial assistance scheme for members of certain pension schemes) is amended as follows. 2 In the…

Section 125 — Restriction on purchase of annuities

Restriction on purchase of annuities 125 1 After section 286 of the Pensions Act 2004 (c. 35) insert— Restriction on purchase of annuities 286A 1 This section applies to any qualifying pension scheme…

Section 126 — Amendments of provisions of Pensions Act 2004 relating to contribution notices or financial support directions

Amendments of provisions of Pensions Act 2004 relating to contribution notices or financial support directions 126 Schedule 9 (which amends the Pensions Act 2004 (c. 35) in relation to contribution…

Section 127 — Review of the initial operation of sections 38A and 38B of Pensions Act 2004

Review of the initial operation of sections 38A and 38B of Pensions Act 2004 127 1 The Secretary of State must carry out a review of the operation of sections 38A and 38B of the Pensions Act 2004…

Section 128 — Pension sharing: power of Court of Session to extend time limits

Pension sharing: power of Court of Session to extend time limits 128 1 The Welfare Reform and Pensions Act 1999 (c. 30) is amended as follows. 2 In section 28(10) (pension arrangements: time limit…

Section 129 — Interest on late payment of levies

Interest on late payment of levies 129 Schedule 10 (which makes provision about payment of interest on late payment of levies) has effect.

Section 130 — Payments to employers

Payments to employers 130 In section 37 of the Pensions Act 1995 (payment of surplus to employer) after subsection (1) insert— 1A But this section does not apply in the case of any of the payments…

Section 131 — Appointment of trustees

Appointment of trustees 131 1 In section 7 of the Pensions Act 1995 (c. 26) (appointment of trustees), in subsection (3)— a for “necessary”, in the first place where it occurs, substitute “…

Section 132 — Intervention by Regulator where scheme's technical provisions improperly determined

Intervention by Regulator where scheme's technical provisions improperly determined 132 In section 231 of the Pensions Act 2004 (powers of the Regulator), before paragraph (a) of subsection (1)…

Section 133 — Delegation of powers by the Regulator

Delegation of powers by the Regulator 133 1 The Pensions Act 2004 is amended as follows. 2 In paragraph 21 of Schedule 1 (regulations relating to delegation of the Pensions Regulator's functions),…

Section 134 — Exclusion of transfers out in certain cases

Exclusion of transfers out in certain cases 134 1 The Pension Schemes Act 1993 (c. 48) is amended as follows. 2 In section 93(1B) (regulations as to the application of provisions relating to…

Section 135 — Additional Class 3 contributions

Additional Class 3 contributions 135 1 The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as follows. 2 After section 13 insert— Right to pay additional Class 3 contributions…

Section 136 — Additional Class 3 contributions (Northern Ireland)

Additional Class 3 contributions (Northern Ireland) 136 1 The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) is amended as follows. 2 After section 13 insert— Right to…

Section 137 — Official pensions: adjustment of increases in survivors' pensions

Official pensions: adjustment of increases in survivors' pensions 137 1 Section 59 of the Social Security Pensions Act 1975 (c. 60) (increase of official pensions) is amended as follows. 2 Subsection…

Section 138 — War pensions: effect of later marriage or civil partnership

War pensions: effect of later marriage or civil partnership 138 1 Section 168 of the Pensions Act 1995 (c. 26) (war pensions for widows: effect of remarriage) is amended as follows. 2 For subsection…

Section 139 — Polish Resettlement Act 1947: effect of residence in Poland

Polish Resettlement Act 1947: effect of residence in Poland 139 1 In section 1(3) of the Polish Resettlement Act 1947 (c. 19) (power to apply Royal Warrant as to pensions etc to certain Polish…

Section 140 — Pre-1948 insurance affecting German pension entitlement

Pre-1948 insurance affecting German pension entitlement 140 1 This section applies where the conditions in subsections (2) and (3) are satisfied. 2 The first condition is satisfied if it appears to…

Section 141 — Pre-1948 insurance: supplementary

Pre-1948 insurance: supplementary 141 1 In section 140 a “ period of pre-1948 insurance ” means any period ending before 6 April 1948 to which subsection (2) applies by reference to any person (“the…

Section 142 — Disclosure of information relating to state pension credit recipients

Disclosure of information relating to state pension credit recipients 142 1 The Secretary of State may by regulations make provision authorising the Secretary of State, or a person providing services…

Section 143 — Orders and regulations

Orders and regulations 143 1 Any power conferred on the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument. 2 A statutory instrument containing…

Section 144 — Orders and regulations: supplementary

Orders and regulations: supplementary 144 1 This section applies to an order or regulations made by the Secretary of State under this Act. 2 An order or regulations may include— a such incidental,…

Section 144A — Service of documents and electronic working

Service of documents and electronic working 144A In sections 303 to 305 of the Pensions Act 2004 (service of documents and electronic working) references to that Act are to be treated as including…

Section 145 — Power to make further provision

Power to make further provision 145 1 The Secretary of State may by order make— a such supplemental, incidental or consequential provision, or b such transitory, transitional or saving provision, as…

Section 146 — Pre-consolidation amendments

Pre-consolidation amendments 146 1 The Secretary of State may by order make such modifications of enactments within subsection (2) as in the Secretary of State's opinion facilitate, or are otherwise…

Section 147 — General financial provisions

General financial provisions 147 There is to be paid out of money provided by Parliament— a any expenditure incurred by the Secretary of State or a government department in consequence of this Act,…

Section 148 — Repeals

Repeals 148 Schedule 11 (repeals) has effect.

Section 149 — Commencement

Commencement 149 1 Subject to the following provisions, this Act comes into force in accordance with provision made by order by the Secretary of State. 2 Subsection (1) does not apply to— a sections…

Section 150 — Extent

Extent 150 1 Subject to the following provisions, this Act extends to England and Wales and Scotland. 2 The following provisions extend also to Northern Ireland— a Chapters 5 and 6 of Part 1 and…

Section 151 — Short title

Short title 151 This Act may be cited as the Pensions Act 2008.

Section 168A — Charges in respect of pension sharing etc

Charges in respect of pension sharing etc 168A 1 Regulations may make provision for the purpose of enabling the Board to recover prescribed charges in respect of complying with a relevant order or…

Section 175A — Levies: interest for late payment

Levies: interest for late payment 175A 1 Regulations may make provision for interest to be charged at the prescribed rate in the case of late payment of a levy imposed under section 175(1). 2…

Section 181A — Pension protection levy: interest for late payment

Pension protection levy: interest for late payment 181A 1 Regulations may make provision for interest to be charged at the prescribed rate in the case of late payment of a pension protection levy. 2…

Section 189A — Fraud compensation levy: interest for late payment

Fraud compensation levy: interest for late payment 189A 1 Regulations may make provision for interest to be charged at the prescribed rate in the case of late payment of a fraud compensation levy. 2…

Section 286A — Restriction on purchase of annuities

Restriction on purchase of annuities 286A 1 This section applies to any qualifying pension scheme which has not been fully wound up. 2 The trustees of the scheme must not purchase or agree to…