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What happens if you don't meet your duties

If the defined contribution scheme you run fails to meet legal requirements, we will consider various options (such as educate, enable or enforce) and take action where necessary.

Key points

  • Use our guidance and e-learning resources to help you comply with pensions legislation.
  • We may take appropriate action (including enforcement if necessary) where pensions legislation is not being complied with.
  • Report significant breaches of the law to us.

How to comply with pensions legislation

You must comply with pensions legislation affecting you and your defined contribution (DC) scheme.

You can learn about your trustee duties in our Trustee toolkit. You can also find in-depth information about complying with legal requirements and incorporating good practice in the code of practice and guidance for trustees.

Key areas to focus on

You should pay particular attention to the following areas:

  • governance standards
  • charge cap
  • risk management and internal controls
  • investment governance and decision-making
  • administration practices, eg record-keeping
  • preventing fraud, eg theft or pension scams

How we'll enforce

If you or another person responsible for administering the scheme fail to comply with their legal requirements, we may select from one or more enforcement options. These include:

  • statutory compliance notices
  • improvement notices
  • skilled person reports
  • trustee suspensions
  • prohibitions and appointments
  • monetary penalties

For more information, go to our scheme management enforcement policy.

Pay a penalty notice

If you have received a penalty notice or invoice from us there are a variety of ways to pay.

Find out how to pay a DC scheme penalty notice.

Reporting breaches of the law

You (or your advisers) must report significant breaches of the law to us. For more information, go to the reporting breaches of the law section of our code of practice.

Appeal an enforcement notice

If you have been issued a notice you can apply to us for a review. Your application, accompanied by any supporting documentation, must be made within 28 days starting on the date the notice was issued. Upon receipt of your application, we will inform you whether we will review the notice and, if we will, when a decision can be expected.

For more information go to appeal a DC or climate change enforcement notice.