Explanatory Notes

Pensions Act 2011

2011 CHAPTER 19

3 November 2011

Commentary on Sections

Part 2: Automatic enrolment

Section 17: No indemnification for civil penalties

107.Section 17 extends the prohibition (in section 256 of the PA 2004) on a pension scheme trustee or manager being reimbursed out of scheme funds for fines or penalties payable by the trustee or manager.

108.The extension covers penalties payable by a trustee or manager under section 40 or 41 of the PA 2008. A trustee or manager in receipt of a fixed or escalating penalty under the PA 2008 will not be able to take monies from scheme funds in order to pay those penalties.