The Pensions Regulator

Code of practice 04
Early leavers

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Introduction

1. Codes of practice are issued by the Pensions Regulator, the body that regulates work-based pension arrangements (occupational pension schemes and certain aspects of stakeholder and other personal pensions). The Pensions Regulator is required by the pensions legislation ¹ to issue this code.
2. The Pensions Regulator's statutory objectives are to protect the benefits of pension scheme members, to reduce the risk of calls on the Pension Protection Fund, and to promote the good administration of work-based pension schemes.
3. The Pensions Regulator has a number of regulatory tools, including issuing codes of practice, to enable it to meet its objectives. The Pensions Regulator will target its resources on those areas where members' benefits are at greatest risk.
4. Codes of practice provide practical guidelines on the requirements of pensions legislation and set out the standards of conduct and practice expected of those who must meet these requirements.² The intention is that the standards set out in the code are consistent with how a well-run pension scheme would choose to meet its legal obligations.
5. Throughout this code, references to a scheme's trustees should be read as references to a scheme's trustees or managers, as appropriate.

Who does this code of practice apply to?

6. This code of practice applies to trustees of occupational pension schemes where the scheme rules do not provide vested rights to benefits for members with three months' service, but less than two years' service. It will also be of use to sponsoring employers of such schemes, pensions administrators, professional advisers and pensions practitioners in general.

The status of codes of practice

7. Codes of practice are not statements of the law and there is no penalty for failing to comply with them.³ It is not necessary for all the provisions of a code of practice to be followed in every circumstance. Any alternative approach to that appearing in the code of practice will nevertheless need to meet the underlying legal requirements, and a penalty may be imposed if these requirements are not met. When determining whether the legal requirements have been met, a court or tribunal must take any relevant provisions of a code of practice into account.⁴

Interaction with other codes of practice

8. Other codes include those on Notifiable events, Reporting breaches of the law, Trustee knowledge and understanding, Internal controls, Reasonable periods in disclosure to members of occupational pension schemes. There will also be some interaction with regulations, such as those relating to winding up.⁵

1 See section 90(2)(a) of Pensions Act 2004.
2 See section 90(1) of Pensions Act 2004.
3 See section 90(4) of Pensions Act 2004.
4 See section 90(5) of Pensions Act 2004.
5 Occupational Pension Schemes (Winding Up etc) Regulations 2005 (SI 2005/706)

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