The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022
S.I. 2022/255 · Made 8 March 2022 · Extends to England, Wales and Scotland
Pensions
Made 8th March 2022
Coming into force 1st August 2022
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 28 and 144(2) and (4) of the Pensions Act 2008f1, sections 43 and 54(5) and (6) of, and paragraphs 1 and 2 of Schedule 18 to, the Pensions Act 2014f2 and sections 3(8), 5(2), 8(4)(a) and (b), 11(2)(e) and (3)(a), 12(2)(b), 13(3), 14(3), 15(4)(a), 16(2), 17(4), (5) and (8), 18(4), 19(2), 20(5), 22(3)(b), 23(3)(c), 27(2), 28(3) and (4), 29(7)(a) and (10)(a) and (b), 33(4)(b) and (10), 36(1)(c), (2)(b) and (c), (5), (6) and (10), 37(3)(b), 38(3), 39(1)(b), 40(4) and (6), 41(2), 43(2) and (4)(b) and (c), 45(3) and (6), 49(2)(b) and (4) and 51(2) and (3) of, and paragraph 1(6) of Schedule 2 to, the Pension Schemes Act 2021f3.
The Secretary of State has consulted such persons as the Secretary of State considers appropriate, in accordance with paragraph 8 of Schedule 18 to the Pensions Act 2014.
The Secretary of State has exercised her discretion under section 51(6) of the Pension Schemes Act 2021 to make regulations subject to affirmative resolution procedure which would otherwise be subject to negative resolution procedure.
Annotations to the whole text
Footnotes
- f1
-
2008 c. 30. Section 28 was amended by sections 12 and 13 of the Pensions Act 2011 (c. 19), section 39 of the Pensions Act 2014 (c. 19) and section 46 of, and paragraphs 39 and 45 of Schedule 2 to, the Pension Schemes Act 2015 (c. 8). See section 99 of the Pensions Act 2008 for the definitions of “prescribed” and “regulations”.
- f2
-
2014 c. 19. Paragraph 1 of Schedule 18 to the Pensions Act 2014 (“the 2014 Act”) is amended by section 127 of, and paragraphs 23 and 25(1) and (2) of Schedule 3 to, the Pension Schemes Act 2021 (c. 1) (“the 2021 Act”). See paragraph 15 of Schedule 17 to the 2014 Act for the definition of “prescribed”.
- f3
- f4
-
A statutory instrument containing regulations under section 28 of the Pensions Act 2008 is stated to be made subject to affirmative resolution procedure.
- f5
-
The first regulations under paragraph 1 of Schedule 18 to the 2014 Act that make provision in relation to collective money purchase schemes (within the meaning of the 2021 Act) and regulations under paragraph 2 of Schedule 18 to that Act are stated to be made subject to affirmative resolution procedure.
- f6
-
Regulations made under sections 5(2), 11(3)(a), 12(2)(b), 13(3), 14(3), 15(4)(a), 16(2), 17, 18(4), 36(2), 36(6), 45(3)(a), 45(6), 49(2) and 49(4), and the first regulations made under sections 19(2), 20(5), 28(3) and 45(3)(b), of the 2021 Act are stated to be made subject to affirmative resolution procedure.
Contents
- Part 1: Preliminary provisions
- 1Citation, extent and commencement
- 1AApplication
- 2Interpretation and notices
- 3Connected employers Repealed
- Part 2: Schemes divided into sections
- 4Qualifying schemes
- 5Schemes divided into sections
- Part 3: Authorisation
- 6Authorisation: contents
- 7Application for authorisation: fee
- 8Fit and proper persons requirement
- 9Scheme design requirement
- 10Viability report
- 11Viability certificate
- 12Financial sustainability requirement
- 13Communication requirement
- 14Systems and processes requirement
- 15Continuity strategy: contents
- 16Continuity strategy: administration charges
- Part 4: Valuation and benefit adjustment
- 17Calculation of benefits
- 18Advice of scheme actuary
- 19Actuarial valuations
- 20Reporting requirements relating to benefit adjustments
- 21Powers of the Regulator
- Part 5: Ongoing supervision
- 22Supervisory return: contents
- 23Significant events
- 24Risk notices
- Part 6: Triggering events and continuity options
- 25Triggering events: notification requirements
- 26Implementation strategy: approval
- 27Implementation strategy: charges
- 28Implementation strategy: content
- 29Continuity option 1: discharge of liabilities and winding up
- 30Continuity option 2: resolving the triggering event
- 31Continuity option 3: conversion to closed scheme
- 32Periodic reporting requirement
- 33Pause orders
- 34Administration charges during a triggering event period
- Part 7: Collective money purchase benefits – amendments to secondary legislation
- 35Collective money purchase benefits – amendments to secondary legislation
- Signature
- Schedule 1: Fit and proper persons requirement
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 2: Scheme design requirement
- Part 1: Matters that the Regulator must take into account
- 1Paragraph 1
- Part 2: Viability report
- Preliminary
- 2Paragraph 2
- General
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Information about the design of the scheme
- 8Paragraph 8
- 9Paragraph 9
- Part 3: Viability certificate
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 3: Financial sustainability requirement
- Part 1: Information required on application for authorisation
- 1Paragraph 1
- Part 2: Matters which the Regulator must take into account
- 2Paragraph 2
- 3Paragraph 3
- Part 3: Requirements to be met by the collective money purchase scheme
- 4Paragraph 4
- Schedule 4: Communication requirement
- Interpretation
- 1Paragraph 1
- Preliminary
- 2Paragraph 2
- Functionality, quality and maintenance of IT systems
- 3Paragraph 3
- Resource planning
- 4Paragraph 4
- Quality assurance
- 5Paragraph 5
- Member engagement
- 6Paragraph 6
- Schedule 5: Systems and processes requirement
- Preliminary
- 1Paragraph 1
- Features and functionality of IT systems
- 2Paragraph 2
- Standards required of IT systems
- 3Paragraph 3
- Maintenance of IT systems
- 4Paragraph 4
- Member records
- 5Paragraph 5
- Trustees and others
- 6Paragraph 6
- Contracts and service providers
- 7Paragraph 7
- Governance
- 8Paragraph 8
- Risk management
- 9Paragraph 9
- Security
- 10Paragraph 10
- Resource planning
- 11Paragraph 11
- Investments
- 12Paragraph 12
- Valuation and benefit adjustment
- 13Paragraph 13
- Member engagement
- 14Paragraph 14
- Schedule 6: Continuity Option 1: transfer out and winding up
- Definitions
- 1Paragraph 1
- Alternative ways of discharging the scheme’s liability
- 2Paragraph 2
- Requirements of rules of scheme
- 3Paragraph 3
- Winding-up commencement time
- 4Paragraph 4
- Quantification of the value of beneficiaries’ accrued rights to benefits
- 5Paragraph 5
- Winding-up period
- 6Paragraph 6
- Periodic income
- 7Paragraph 7
- Information about periodic income
- 8Paragraph 8
- Scheme to continue to be a CMPS during winding-up
- 9Paragraph 9
- Trustees’ notice to employers
- 10Paragraph 10
- Notification to receiving scheme
- 11Paragraph 11
- Trustees’ first notice to beneficiaries in respect of discharge options
- 12Paragraph 12
- Trustees’ second notice to beneficiaries in respect of discharge options
- 13Paragraph 13
- Beneficiaries’ response to trustees
- 14Paragraph 14
- Notice of expected discharge time
- 15Paragraph 15
- Trustees’ powers
- 16Paragraph 16
- Trustees’ duty to transfer
- 17Paragraph 17
- Administration charges
- 18Paragraph 18
- Trustee discharge
- 19Paragraph 19
- Winding up
- 20Paragraph 20
- Regulator’s power to direct
- 21Paragraph 21
- Civil penalties
- 22Paragraph 22
- Schedule 7: Collective money purchase benefits: amendments to secondary legislation
- 1Amendments to the Occupational Pension Schemes (Scheme Administration) Regulations 1996
- 2Amendment of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010
- 3Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 4Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 5Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 6Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 7Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 8Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 9Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 10Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 11Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 12Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 13Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 14Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 15Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 16Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 17Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 18Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 19Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 20Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 21Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- 22Amendments to the Occupational Pension Schemes (Charges and Governance) Regulations 2015
- Explanatory note