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A workplace pension scheme, usually trust-based, established by an employer, or on behalf of a group of employers, to provide retirement benefits to employees.
Benefits are provided for or in respect of one or more employees on leaving pensionable service or on death or retirement.
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Basic scheme information before 6 April 2014鈥攃hecklist [Archived] THIS CHECKLIST APPLIED ONLY TO OCCUPATIONAL PENSION SCHEMES UP TO 5 APRIL 2014 For information on the requirement to provide basic scheme information after 5 April 2014, see Practice Note: Disclosure requirements applicable to occupational and personal pension schemes after 5 April 2014 鈥 Basic scheme information and Checklist: Basic scheme information after 5 April 2014鈥攃hecklist. Basic scheme information requirement Under the Occupational Pension Schemes (Disclosure of Information) Regulations 1996, SI 1996/1655 (the 1996 Disclosure Regulations), which are now repealed, basic scheme information had to be provided to prospective members (and in certain circumstances others) by trustees of the following occupational pension schemes: 鈥 registered schemes or schemes that were formerly tax approved (or in respect of which an application for tax approval has been made which has not been determined) 鈥 schemes with superannuation funds under the Income and Corporation Taxes Act 1988, s 615(6), and 鈥 public service pension schemes (as defined in the Pension Schemes Act 1993, s 1)...
Client Classification Checklist This checklist provides an overview of the Financial Conduct Authority鈥檚 (FCA) client classification requirements and may assist those seeking to classify clients as either retail clients, professional clients or eligible counterparties. 鈥 1. Is the firm providing services relating to a child trust fund (CTF) (except for a personal recommendation relating to a contribution to a CTF) to the client? (COBS 3.4.2 R) If yes, the client is a Retail Client. If no, please see question 2. 鈥 2. Is the firm providing any of the following services ('Eligible Counterparty Business') to the client? 鈼 Dealing on own account, executing orders on behalf of clients or receiving and transmitting orders 鈼 Carrying on any ancillary services directly related these services, or 鈼 Arranging in relation to business that is not MiFID or equivalent third country business. (COBS 3.6.1(2) R) If yes, please see question 10. If no, please see question 3. 鈥 3. Is the client an entity required to be authorised or regulated to operate in...
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Ways of accruing pension benefitsThere are a variety of possible pension arrangements for employees. The main options include:鈥ccupational pension schemes鈥ersonal pension schemes鈥mployer-financed retirement benefits schemes (EFRBS)鈥aster trusts (including the National Employment Savings Trust (NEST) since October 2012)鈥he state pensionEmployees may be members of and contribute to more than one pension arrangement at the same time eg the employer's occupational pension scheme and the employee's own personal pension scheme.Occupational pension schemesFrom a legislative point of view, an occupational pension scheme:鈥s a scheme or other arrangements which provides benefits to or in respect of people:鈼n retirement鈼n having reached a particular age, or鈼n termination of service in an employment鈥ust have been established for the purpose of providing benefits to, or in respect of, people with service in employments of a particular description (and perhaps also for other people too)鈥ust have been established by:鈼n employer of people in employments of that description, or鈼 person in an employment of that description, or鈼 person representing interests which include those of such employers or persons in employmentThe...
Automatic enrolment dutiesThe auto-enrolment regime, established under Part 1 of the Pensions Act 2008 (PenA 2008), imposes three key enrolment duties on employers:鈥o enrol all of their 鈥榚ligible jobholders鈥 automatically into an 鈥榓utomatic enrolment scheme鈥 (the auto-enrolment duty)鈥o enrol 鈥榥on-eligible jobholders鈥 into an 鈥榓utomatic enrolment scheme鈥 if they choose to opt in鈥o enrol 鈥榚ntitled workers鈥 who request to join a scheme into a registered pension schemeThe duty was phased in from October 2012 starting with the largest employers first. New employers who first pay PAYE income in respect of any worker on or after 1 October 2017 have an immediate duty to apply automatic enrolment, as do new employers who become an employer on or after 2 April 2017 and do not have a PAYE scheme, irrespective of whether they pay PAYE income or not (ie the enrolment duties start to apply to the employer from the date the first worker begins to be employed by them).The minimum quality standards required of an automatic enrolment scheme depend on the nature...
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Register of conflicts of interest for advisers Name of Adviser Details of interest or conflict (actual,
Precedent Defined Benefit (DB) Transfer Form [ ] PENSION SCHEME REQUEST FOR TRANSFER OF BENEFITS Name:_______________________________________ Date of Birth: __________________________________ Membership Number:___________________________ National Insurance Number: _____________________ Company Name: ______________________________ Address:______________________________________ Date of Joining the Scheme: _______________________ Date of Leaving: ________________________________ To the Trustees of the [ ] Pension Scheme (the 鈥楽cheme鈥). I hold benefits in the Scheme and I wish to apply to transfer the value of those benefits from the Scheme as set out below. This includes any benefits which would be payable from the Scheme to my dependants or beneficiaries in the event of my death. I confirm that I have received a statement of entitlement in respect of my benefits in the Scheme which shows the cash equivalent transfer value (CETV) of my benefits as at my guarantee date. I wish to transfer my benefits to the following Receiving Arrangement(s): Name of Receiving Arrangement:___________________________________ Address of Receiving Arrangement:___________________________________ HMRC Registration Number:_______________________________________ DECLARATIONS Decision to transfer out 鈥 The decision I have made to...
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Can an employer pay its staff different rates of employer pension contributions, increasing with age? General rules relating to direct age discrimination Under section 13 of the Equality Act 2010 (EqA 2010) a person directly discriminates against another person where: 鈥 he treats him less favourably than he treats or would treat others, and 鈥 he does so because of a protected characteristic Where the protected characteristic in issue is age, an employer can defend a claim of direct discrimination if he can show that the treatment is justified as a proportionate means of achieving a legitimate aim. Under EqA 2010, s 61, a 鈥榥on-discrimination rule鈥 applies in respect of occupational pension schemes, whereby a responsible person (which can include an employer whose employees are, or may be, members of the scheme) must not, amongst other things, in carrying out his functions in relation to the scheme, discriminate against another person. Special exceptions relating to pension schemes There are, however, various exceptions with regard to the non-discrimination rule,...
In the context of reg 11 of the Registered Pension Scheme (Authorised Payments) Regulations 2009, SI 2009/1171, does the term 鈥榬elated scheme鈥 include a former scheme operated by the same employer which has had a bulk transfer to the scheme wanting to make a small lump sum payment or can the term be interpreted to mean only schemes that are running concurrently? In answering this Q&A, we have assumed you are referring to regulation 11 of the Registered Pension Scheme (Authorised Payments) Regulations 2009, SI 2009/1171 (SI 2009/1171, reg 11), which鈥攗nlike its de minimis counterpart in SI 2009/1171, reg 12 (which applies to large occupational pension schemes)鈥攄oes not expressly caveat bulk transfers from a 鈥榬elated scheme鈥 to the receiving scheme from the conditions that need to be satisfied for a small lump sum payment. The absence of such a caveat could prevent the payment of a small pot lump sum from the receiving scheme under SI 2009/1171, reg 11, since SI 2009/1171, reg 11(1)(f) prohibits recognised transfers...
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Pensions analysis: The court struck out as an abuse of process the claimant鈥檚 claim for a declaration as to the true construction of the rules (鈥榯he Rules鈥) of the Port of Felixstowe Pension Plan (鈥榯he Plan鈥) on the basis that the Pensions Ombudsman (鈥榯he PO鈥) had already made a final and binding determination (鈥榯he PO鈥檚 Determination鈥) against the complaint of the claimant, which he had not appealed, in respect of the same issues raised in the claim. Written by Oliver Hilton, barrister at Radcliffe Chambers, Lincoln鈥檚 Inn.
Pensions analysis: In the determination of Mr R CAS-71055-X2X7, the Pensions Ombudsman rejected a complaint that a scheme should honour projections given in a benefit statement. Martin Scott of gunnercooke LLP looks at the decision.
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