Legal background
- The following notes give a brief overview of significant existing legislation in private pensions that is referenced by this Act. Further explanation, where required, is given in the section-by-section commentary.
- The Pension Schemes Act 1993 is a consolidation Act that sets out various provisions in relation to classification of pension schemes, contracting out, early leavers (including preservation, revaluation and the right to take a transfer), the Pensions Ombudsman and other miscellaneous requirements.
- The Pensions Act 1995 contains provisions relating to the Pensions Regulator, as well as provisions relating to the role and responsibilities of trustees, professionals and employers. It also provides requirements in respect of scheme administration, indexation of pensions in payment, protection against detrimental modifications, employer debt and winding up.
- The Welfare Reform and Pensions Act 1999 makes provision for pension sharing on divorce.
- The Pensions Act 2004 makes provision with regard to the Pensions Regulator and the Pension Protection Fund. It also makes provision in relation to scheme funding, and contains other miscellaneous provisions applying to pension schemes including internal controls, pension protection where there is a TUPE transfer and employer consultation requirements.
- The Pensions Act 2008 makes provision for automatic enrolment, under which employers are required to enrol qualifying employees into a suitable pension scheme and to make pension contributions on their behalf.
- The Public Service Pensions Act 2013 makes provision for the reform of public sector pensions.
- The Pensions Act 2014 makes provision for restricting charges and imposing requirements in relation to pension schemes.
- The Pension Schemes Act 2015 makes provision allowing members to access their pension savings flexibly on retirement. It also makes provision in relation to defined ambition schemes and collective benefits (yet to be commenced).
