Pensions Act 1995 (c. 26)
1995 CHAPTER 26
ARRANGEMENT OF SECTIONS
Go to Preamble
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Part I
Occupational pensions
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Occupational Pensions Regulatory Authority
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1. The new authority.
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2. Reports to Secretary of State.
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Supervision by the Authority
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3. Prohibition orders.
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4. Suspension orders.
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5. Removal of trustees: notices.
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6. Removal or suspension of trustees: consequences.
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7. Appointment of trustees.
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8. Appointment of trustees: consequences.
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9. Removal and appointment of trustees: property.
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10. Civil penalties.
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11. Powers to wind up schemes.
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12. Powers to wind up public service schemes.
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13. Injunctions and interdicts.
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14. Restitution.
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15. Directions.
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Member-nominated trustees and directors
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16. Requirement for member-nominated trustees.
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17. Exceptions.
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18. Corporate trustees: member-nominated directors.
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19. Corporate trustees: exceptions.
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20. Selection, and eligibility, of member-nominated trustees and directors.
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21. Member-nominated trustees and directors: supplementary.
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Independent trustees
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22. Circumstances in which following provisions apply.
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23. Requirement for independent trustee.
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24. Members' powers to apply to court to enforce duty.
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25. Appointment and powers of independent trustees: further provisions.
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26. Insolvency practitioner or official receiver to give information to trustees.
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Trustees: general
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27. Trustee not to be auditor or actuary of the scheme.
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28. Section 27: consequences.
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29. Persons disqualified for being trustees.
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30. Persons disqualified: consequences.
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31. Trustees not to be indemnified for fines or civil penalties.
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Functions of trustees
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32. Decisions by majority.
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33. Investment powers: duty of care.
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34. Power of investment and delegation.
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35. Investment principles.
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36. Choosing investments.
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37. Payment of surplus to employer.
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38. Power to defer winding up.
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39. Exercise of powers by member trustees.
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Functions of trustees or managers
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40. Restriction on employer-related investments.
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41. Provision of documents for members.
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Employee trustees
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42. Time off for performance of duties and for training.
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43. Payment for time off.
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44. Time limit for proceedings.
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45. Remedies.
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46. Right not to suffer detriment in employment or be unfairly dismissed.
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Advisers
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47. Professional advisers.
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48. "Blowing the whistle".
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Receipts, payments and records
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49. Other responsibilities of trustees, employers, etc.
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Resolution of disputes
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50. Resolution of disputes.
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Indexation
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51. Annual increase in rate of pension.
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52. Restriction on increase where member is under 55.
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53. Effect of increases above the statutory requirement.
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54. Sections 51 to 53: supplementary.
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55. Section 51: end of annual increase in GMP.
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Minimum funding requirement
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56. Minimum funding requirement.
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57. Valuation and certification of assets and liabilities.
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58. Schedules of contributions.
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59. Determination of contributions: supplementary.
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60. Serious underprovision.
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61. Sections 56 to 60: supplementary.
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Equal treatment
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62. The equal treatment rule.
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63. Equal treatment rule: supplementary.
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64. Equal treatment rule: exceptions.
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65. Equal treatment rule: consequential alteration of schemes.
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66. Equal treatment rule: effect on terms of employment, etc.
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Modification of schemes
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67. Restriction on powers to alter schemes.
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68. Power of trustees to modify schemes by resolution.
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69. Grounds for applying for modifications.
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70. Section 69: supplementary.
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71. Effect of orders under section 69.
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72. Modification of public service pension schemes.
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Winding up
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73. Preferential liabilities on winding up.
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74. Discharge of liabilities by insurance,…
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