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Scope of regulation for Public Sector pension funds

FOI reference - FOI-6517
Date - 14 December 2021

Request

Please may I ask you to disclose whether your supervisory scope extends to the Scottish Parliamentary Pension Scheme?

If so, please answer in relation to this scheme:

  • have you had any contact with the Trustees on any matters
  • what aspects of your regulations apply to this scheme?

If not, please advise on what basis you define the scheme not to be under your supervision.

Response

I can confirm that we hold information falling within scope of your request. However, we are unable to supply some of the information requested for the reasons set out below.

Information we are able to supply

I can confirm that our (TPR’s) regulatory remit extends to the Scottish Parliamentary Pension Scheme. However, although it is a public sector scheme, we regulate this scheme like any other Occupational Defined Benefit Scheme as it doesn’t fall within scope of the Public Sector Pension Schemes legislation (the Public Service Pensions Act 2013).

Accordingly, general pensions legislation such as the Pension Schemes Act 1993, Pensions Act 1995, Pensions Act 2004, Pensions Schemes Act 2021 and, where applicable, their respective underlying regulations would apply to this scheme. Please see further information available on our website for trustees.

Regarding your question, 'have you had any contact with the Trustees on any matters', as an Occupational Defined Benefit Scheme, we would regularly communicate with the scheme’s trustees regarding the management of the scheme, for example, through annual scheme returns which the trustees are statutorily required to submit to TPR about the scheme.

Information we are not able to supply

However, we are unable to provide any further details regarding contact with the Trustees, as that sort of information (if held) which TPR receives in the course of the exercise of its functions is exempt under FoIA under section 44(1)(a). This is an absolute exemption, and no public interest assessment is required to be carried out.