PART 2Collective benefits

Dealing with deficits and surpluses

21Policy for dealing with a deficit or surplus

(1)

Regulations may require the trustees or managers of a pension scheme—

(a)

to have a policy for dealing with a deficit or surplus in respect of any collective benefits that may be provided by the scheme, and

(b)

to follow that policy if a valuation report shows a deficit or surplus.

(2)

For the purposes of this Part—

(a)

there is a “deficit” in respect of a collective benefit if the probability of the scheme meeting a target in relation to the benefit is below the required range, and

(b)

there is a “surplus” in respect of a collective benefit if the probability of the scheme meeting a target in relation to the benefit is above the required range.

(3)

Regulations under subsection (1)(a) may, in particular—

(a)

require the trustees or managers to consult about the policy;

(b)

make provision about the content of the policy;

(c)

set out matters that the trustees or managers must take into account, or principles they must follow, in formulating the policy;

(d)

make provision about reviewing and revising the policy.

(4)

The regulations may, in particular, require the policy—

(a)

to be formulated with a view to achieving results described in the regulations within a period or periods described in the regulations;

(b)

to contain provision for a deficit or surplus to be dealt with in one or more of a range of ways described in the regulations;

(c)

to contain an explanation of the possible effect of the policy, or any requirements imposed by regulations under section 22, on members in different circumstances.