# Pension Schemes Act 2026, Section 89: Content of response plan

Extent: E+W+S

(1) The requirements mentioned in section 88(2)(a) are the following.
(2) A response plan must specify—
(a) the outcome which the plan is intended to achieve,
(b) the key steps which are to be taken to achieve that outcome,
(c) when and by whom those steps are to be taken, and
(d) how members of the superfund scheme are to be kept informed about the carrying out of the plan.
(3) Where the event of concern is the technical provisions threshold ceasing to be met, the response plan must require the whole of the capital buffer to be released to the trustees.
(4) Where the event of concern is the scheme solvency threshold ceasing to be met, the response plan must require so much of the capital buffer to be released to the trustees as equals the lower of the following—
(a) the amount that would enable the superfund scheme to meet the requirement in section 222(1) of the Pensions Act 2004 (requirement to cover technical provisions);
(b) the total value of the capital buffer.
(5) Where the event of concern is a debt falling due to the trustees of the superfund scheme under section 75 of the Pensions Act 1995, the response plan must require so much of the capital buffer to be released to the trustees as equals the lower of the following—
(a) the amount of the debt;
(b) the total value of the capital buffer.
(6) Where the event of concern is the protected liabilities threshold ceasing to be met, the response plan must require the immediate winding up of the superfund scheme.
(7) A response plan must take account of the superfund’s continuity strategy (but may deviate from it if, in the opinion of the person proposing the plan, the course of action contemplated by the continuity strategy is not appropriate in the circumstances).
(8) A response plan must not require the release of the capital buffer (to any extent) except as set out in subsection (3), (4) or (5).
(9) A response plan must meet any other requirements specified in regulations made by the Secretary of State, including in particular as to how the value of the capital buffer, or of any assets released from it, is to be determined for the purposes of a requirement within subsection (4) or (5).
(10) Regulations under subsection (9) are subject to the negative procedure.

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Source: https://www.legislation.gov.uk/ukpga/2026/22/section/89 (the official version)
Page: https://openlegislation.uk/pension-schemes-act-2026/section-89
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.