Part 1

The Pensions Regulator

New powers in respect of occupational and personal pension schemes

Power of the Regulator to recover unpaid contributions
17
1
Where any employer contribution payable towards an occupational or personal pension scheme is not paid on or before its due date, the Regulator may, on behalf of the trustees or managers of the scheme, exercise such powers as the trustees or managers have to recover that contribution.
2
For the purposes of subsection (1), any employer contribution payable towards a personal pension scheme which is not paid on or before its due date is, if not a debt due from the employer to the trustees or managers apart from this subsection, to be treated as if it were such a debt.
3
In this section—
- “due date”—
  1. in relation to employer contributions payable towards an occupational pension scheme in accordance with a schedule of contributions under section 227, has the same meaning as in section 228,
  2. in relation to employer contributions payable in accordance with a payment schedule under section 87 of the Pensions Act 1995 (c. 26)
(schedules of payments to money purchase schemes), has the meaning given by subsection (2)(c) of that section, ...
  3. in relation to employer contributions payable towards a personal pension scheme, has the same meaning as in section 111A of the Pension Schemes Act 1993 (c. 48)
(monitoring of employer payments to personal pension schemes); and
  4. in relation to employer contributions payable under a public service pension scheme, the date on which the contributions are due under the scheme;
- “employer contribution”—
  1. in relation to an occupational pension scheme other than a public service pension scheme, means any contribution payable by or on behalf of the employer towards the scheme in accordance with a schedule of contributions under section 227 of this Act or a payment schedule under section 87 of the Pensions Act 1995 (c. 26)
(schedules of payments to money purchase schemes) whether—
    1. on the employer’s own account (but in respect of one or more employees), or
    2. on behalf of an employee out of deductions from the employee’s earnings, ...
  2. in relation to a personal pension scheme, means any contribution payable towards the scheme under direct payment arrangements and
  3. in relation to a public service pension scheme, means any contributions payable under the scheme by the employer.
S. 17 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7
Pt. 1 applied in part (with modifications) (20.7.2005 for specified purposes, 1.9.2005 for specified purposes, 5.12.2005 for specified purposes) by The Financial Assistance Scheme Regulations 2005 (S.I. 2005/1986), regs. 1(1), 4, Sch. 1 Pt. 1 (as amended (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 5(2), 13; (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 5, 18; (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 5, 15)
Word in s. 17(3) repealed (1.4.2015) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 5(2)(a) (with Sch. 11 para. 8); S.I. 2015/4, art. 4(1)(b)
Words in s. 17(3) inserted (1.4.2015) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 5(2)(b) (with Sch. 11 para. 8); S.I. 2015/4, art. 4(1)(b)
Words in s. 17(3) inserted (1.4.2015) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 5(3)(a)(i) (with Sch. 11 para. 8); S.I. 2015/4, art. 4(1)(b)
Word in s. 17(3) repealed (1.4.2015) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 5(3)(a)(ii) (with Sch. 11 para. 8); S.I. 2015/4, art. 4(1)(b)
Words in s. 17(3) inserted (1.4.2015) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 5(3)(b) (with Sch. 11 para. 8); S.I. 2015/4, art. 4(1)(b)