UK Act of Parliament 2008 United Kingdom

Pensions Act 2008

An Act to make provision relating to pensions; and for connected purposes.

Enforced by
TPR
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 2 of 16 obligations carry a fine up to £50,000. 4 carry different penalties and 10 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer10 Any Person1 Director or Officer1

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Pension scheme membership for jobholders

15 of 117 sections shown
s.002 Continuity of scheme membership (opens in a new tab) Regulated
  • Do not cause jobholder to lose pension scheme membershipEmployer
s.003 Automatic enrolment (opens in a new tab) Regulated
  • Automatically enrol eligible workers into a pension schemeEmployer
s.004 Postponement or disapplication of automatic enrolment (opens in a new tab) Regulated
  • Give notice to postpone automatic pension enrolment if deferringEmployer
s.005 Automatic re-enrolment (opens in a new tab) Regulated
  • Automatically re-enrol eligible staff into a pension schemeEmployer
s.006 Timing of automatic re-enrolment (opens in a new tab) Regulated
  • Select and schedule a cyclical re-enrolment date for eligible staffEmployer
s.020 Quality requirement: UK money purchase schemes (opens in a new tab) Regulated
  • Pay minimum pension contributions for money purchase schemesEmployer
s.035 Compliance notices (opens in a new tab) Prosecution
  • Fail to comply with a Pensions Regulator compliance noticeEmployer

Fine up to £50,000

s.036 Third party compliance notices (opens in a new tab) Regulated
  • Failure to comply with a third party compliance noticeAny Person
s.042 Penalty notices: recovery (opens in a new tab) Prosecution
  • Failure to pay pension penalty noticesEmployer

Unlimited fine

s.045 Offences of failing to comply (opens in a new tab) Imprisonment
  • Willfully fail to comply with automatic enrolment dutiesEmployer
s.046 Offences by bodies corporate (opens in a new tab) Imprisonment
  • Officer liable for corporation's pension offenceDirector or Officer
s.050 Prohibited recruitment conduct (opens in a new tab) Prosecution
  • Make recruitment statements linked to pension opt‑outEmployer

Fine up to £50,000

s.067 Duty to establish a pension scheme (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must establish a national workplace pension schemeCrown / Minister / Government department
s.068 Scheme orders: general (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure the trustee corporation is appointed to the schemeCrown / Minister / Government department
s.069 Consultation of members and employers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must require consultation arrangements for the schemeCrown / Minister / Government department
102 other sections in this Part — procedural and definitional
s.011 Information to be given to pension schemes
s.015 Power to specify rounded figures
s.023 Alternative quality requirements for UK defined benefits schemes
s.028 MSDA approval: relevant Master Trusts
s.028 MSDA approval: group personal pension scheme
s.028 Approvals in respect of asset allocation
s.028 Information
s.028 Transition pathway relief
s.028 New entrant pathway relief
s.028 Suspension of asset allocation requirement: savers’ interest test
s.028 Risk notices
s.028 Penalties
s.028 Enforcement by the Financial Conduct Authority
s.028 Report about effects of pension scheme consolidation
s.028 Regulations about quality requirements
s.030 Review of exercise of powers under section 28C
s.087 Power to create exceptions from the employer duties etc
s.099 Money purchase benefits: supplementary
Part 2

Simplification etc

7 of 7 sections shown
Part 3

Pension compensation

17 of 17 sections shown
Part 4

Financial assistance scheme

1 of 2 sections shown
Part 5

Miscellaneous

9 of 17 sections shown
8 other sections in this Part — procedural and definitional
Part 6

General

3 of 10 sections shown
Schedules

Schedules

1 of 161 shown
s.003 Consolidation of additional pension (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must calculate revalued additional pension amountsCrown / Minister / Government department
160 other schedules
s.sch001 (1) Appointments of members of the corporation, and of a...
s.sch001 (1) A committee of the trustee corporation may establish a...
s.sch001 (1) The trustee corporation may, subject to this Schedule—
s.sch001 The trustee corporation must make arrangements for the keeping of...
s.sch001 (1) This paragraph applies if at any meeting of—
s.sch001 The trustee corporation may, subject to an order or rules...
s.sch001 The validity of proceedings of the trustee corporation, a committee...
s.sch001 (1) The application of the trustee corporation's seal must be...
s.sch001 (1) As soon as is reasonably practicable after the end...
s.sch001 (1) The Secretary of State may, with the consent of...
s.sch001 The trustee corporation may make charges in connection with the...
s.sch001 (1) The Secretary of State and, under paragraph 1(1)(b), the...
s.sch001 (1) The trustee corporation must— (a) keep proper accounting records,...
s.sch001 In Part 2 of Schedule 1 to the House of...
s.sch001 In Part 2 of Schedule 1 to the Northern Ireland...
s.sch001 In Schedule 1 to the Public Records Act 1958 (c....
s.sch001 In Part 6 of Schedule 1 to the Freedom of...
s.sch001 The trustee corporation
s.sch001 (1) In this Schedule— “financial year” means such period as...
s.sch001 (1) A person is disqualified for appointment as a member...
s.sch001 (1) A person is disqualified for appointment as a member...
s.sch001 The Secretary of State may remove a member from office...
s.sch001 (1) A person holds and vacates office as a member...
s.sch001 (1) The trustee corporation may— (a) pay to the members...
s.sch001 (1) The trustee corporation may appoint employees and make any...
s.sch001 (1) The trustee corporation may— (a) establish a committee for...
s.sch002 This Part makes amendments to Schedule 3 to the Pension...
s.sch002 In paragraph 1 (the final salary method), for sub-paragraphs (1)...
s.sch002 (1) Paragraph 2 (the revaluation percentage and the appropriate revaluation...
s.sch002 This Part makes amendments to Schedule 7 to the Pensions...
s.sch002 (1) Paragraph 12 (active members who have not attained normal...
s.sch002 (1) Paragraph 17 (deferred members who have not attained normal...
s.sch002 In paragraph 29 (Board's powers to alter rates of revaluation...
s.sch002 (1) Section 51ZA of the Pensions Act 1995 (c. 26)...
s.sch003 After Schedule 4B to the Social Security Contributions and Benefits...
s.sch004 The Social Security Contributions and Benefits Act 1992 is amended...
s.sch004 In section 48C(4) (category B retirement pension: general), for “and...
s.sch004 In section 51(2) and (3) (category B retirement pension for...
s.sch004 (1) Schedule 4B (additional pension: accrual rates for purposes of...
s.sch004 In Schedule 7 (industrial injuries benefits) in paragraph 3(3), after...
s.sch004 After section 148AA of the Social Security Administration Act 1992...
s.sch004 The Pension Schemes Act 1993 is amended as follows.
s.sch004 (1) Section 46 (effect of entitlement to guaranteed minimum pensions...
s.sch004 (1) Section 47 (further provisions concerning entitlement to guaranteed minimum...
s.sch004 In section 48(2) (reduced benefits where minimum payments or minimum...
s.sch004 In section 49(b) (women, married women and widows), after “46(1),”...
s.sch004 In section 21(5A)(c) (contribution conditions), after “5(2)(b) and (4)(a)” insert...
s.sch004 In section 164(5) (Crown employment), after “46(1),” insert “ 46A(2),...
s.sch004 In section 165(2)(b) (cases with a foreign element), after “those...
s.sch004 (1) In section 167(4) (application of provisions relating to social...
s.sch004 In section 39(1) (rate of widowed mother's allowance and widow's...
s.sch004 (1) Section 39C (rate of widowed parent's allowance and bereavement...
s.sch004 (1) After section 45 (additional pension in Category A retirement...
s.sch004 (1) Section 46 (modifications of section 45 for calculating the...
s.sch004 In section 48A(4) (category B retirement pension for married person)—...
s.sch004 In section 48B(2) (category B retirement pension for widows and...
s.sch004 (1) Section 48BB (category B retirement pension: entitlement by reference...
s.sch005 This Schedule applies for the purposes of determining the compensation...
s.sch005 (1) Regulations may prescribe circumstances in which, and conditions subject...
s.sch005 Pension compensation payable on discharge of pension compensation credit
s.sch005 (1) This paragraph applies where all of the following conditions...
s.sch005 An application for a terminal illness lump sum—
s.sch005 (1) The Board must determine an application for a terminal...
s.sch005 (1) If the Board grants an application for a terminal...
s.sch005 (1) Relevant information held by the Secretary of State about...
s.sch005 (1) Regulations may prescribe circumstances in which, and conditions subject...
s.sch005 (1) This paragraph provides for annual increases to compensation payable...
s.sch005 (1) The Secretary of State may by regulations make provision...
s.sch005 (1) The Secretary of State may by regulations make provision...
s.sch005 In this Schedule— “the initial annual rate of compensation” is...
s.sch005 (1) The Board may determine the percentage that is to...
s.sch005 (1) This paragraph applies for the purpose of determining the...
s.sch005 (1) Compensation is payable in accordance with this paragraph where...
s.sch005 (1) This paragraph applies where — (a) the transferee dies...
s.sch005 (1) Compensation is payable in accordance with this paragraph where...
s.sch005 (1) This paragraph applies where— (a) the transferee dies after...
s.sch005 (1) This paragraph applies for the purpose of calculating the...
s.sch005 (1) A transferee who is entitled to periodic compensation under...
s.sch006 The Matrimonial Causes Act 1973 (c. 18) is amended as...
s.sch006 The Matrimonial and Family Proceedings Act 1984 (c. 42) is...
s.sch006 In section 17 (orders for financial provision and property adjustment),...
s.sch006 In section 18(7) (matters to which court to have regard),...
s.sch006 (1) Section 21 (application of certain provisions of Part 2...
s.sch006 The Civil Partnership Act 2004 (c. 33) is amended as...
s.sch006 After Part 4 of Schedule 5 (pension sharing orders on...
s.sch006 (1) Part 5 of Schedule 5 (matters to which court...
s.sch006 (1) Part 7 of Schedule 5 (pension protection fund compensation...
s.sch006 (1) Part 11 of Schedule 5 (variation, discharge etc of...
s.sch006 In Part 14 of Schedule 5 (miscellaneous and supplementary) after...
s.sch006 After section 21A (pension sharing orders) insert— Pension compensation sharing...
s.sch006 (1) In Schedule 7 (financial relief in England and Wales...
s.sch006 After section 24D (pension sharing orders: apportionment of charges) insert—...
s.sch006 (1) Section 25 (matters to which court is to have...
s.sch006 In section 25A(1) (exercise of court's powers in favour of...
s.sch006 In section 25E(9) (the Pension Protection Fund), omit the definition...
s.sch006 After section 25E insert— Attachment of pension compensation (1) This section applies where, having regard to any PPF...
s.sch006 (1) Section 31 (variation, discharge etc of certain orders for...
s.sch006 After section 40A (appeals relating to pension sharing orders which...
s.sch007 The Family Law (Scotland) Act 1985 (c. 37) is amended...
s.sch007 In section 8 (orders for financial provision)—
s.sch007 After section 8A insert— Pension compensation sharing orders: apportionment of...
s.sch007 In section 10 (sharing of value of matrimonial property or...
s.sch007 In section 12A (orders for payment of capital sum: pensions...
s.sch007 After section 12A insert— Order for payment of capital sum:...
s.sch007 In section 13 (order for periodical allowance), in subsection (2)(b),...
s.sch007 In section 16 (agreements on financial provision)—
s.sch007 In section 27 (interpretation)— (a) in subsection (1), before the...
s.sch008 Schedule 7 to the Pensions Act 2004 (c. 35) (pension...
s.sch008 Amendments of Schedule 7 to the Pensions Act 2004
s.sch008 Amendments of Schedule 7 to the Pensions Act 2004
s.sch008 In paragraph 25(3), after “before that person attains normal pension...
s.sch008 After paragraph 25 insert— Deferral of compensation (1) Regulations may prescribe circumstances in which, and conditions subject...
s.sch008 After paragraph 25A (inserted by paragraph 13 above) insert— Terminal...
s.sch008 In paragraph 33, make the existing provision sub-paragraph (1) and...
s.sch008 In paragraph 34(1), after “ill health” insert “ or otherwise...
s.sch008 For paragraph 35(2)(a) substitute— (a) in the case of a...
s.sch008 For paragraph 35(3) substitute— (3) This sub-paragraph applies to a...
s.sch008 In paragraph 3(6), at the end, add “ to the...
s.sch008 In paragraph 5(5), at the end, add “ to the...
s.sch008 In paragraph 11(8), after “paragraph 24 (commutation),” insert— “ paragraph...
s.sch008 In paragraph 13, after sub-paragraph (3) insert—
s.sch008 In paragraph 14(9), after “paragraph 20 (compensation in respect of...
s.sch008 In paragraph 15(6), after “paragraph 24 (commutation),” insert— “ paragraph...
s.sch008 In paragraph 18, after sub-paragraph (3) insert—
s.sch008 In paragraph 19(8), after “This paragraph is subject to—” insert—...
s.sch009 The Pensions Act 2004 (c. 35) is amended as follows....
s.sch009 After section 43 (financial support directions) insert— Financial support directions:...
s.sch009 In section 306(2) (overriding requirements)— (a) after paragraph (d) insert—...
s.sch009 In section 316(2) (subordinate legislation that is subject to affirmative...
s.sch009 In Part 4 of Schedule 2 (the reserved regulatory functions...
s.sch009 (1) In section 44(3) (meaning of “insufficiently resourced”), for paragraph...
s.sch009 (1) The amendments made by paragraphs 2, 6 and 7...
s.sch009 (1) In the case of the first set of regulations...
s.sch009 (1) In section 38(5)(a) (main purpose or one of main...
s.sch009 In section 90(2) (the matters in relation to which the...
s.sch009 In section 96 (standard procedure), after subsection (1) insert—
s.sch009 In section 316(2) (subordinate legislation that is subject to affirmative...
s.sch009 In section 38(5) (acts or failures to act in relation...
s.sch009 (1) Section 38 (contribution notices where avoidance of employer debt)...
s.sch009 (1) In section 38 (contribution notices where avoidance of employer...
s.sch009 After section 39 (the sum specified in a section 38...
s.sch010 After section 175 of the Pension Schemes Act 1993 (levies...
s.sch010 The Pensions Act 2004 is amended as follows.
s.sch010 After section 117 ( PPF administration levy) insert— Administration levy:...
s.sch010 In section 173 (Pension Protection Fund), after subsection (1)(b) insert—...
s.sch010 After section 181 (calculation, collection and recovery of levies) insert—...
s.sch010 In section 188 (Fraud Compensation Fund), after subsection (1)(b) insert—...
s.sch010 After section 189 (fraud compensation levy) insert— Fraud compensation levy:...
s.sch010 In section 209 (Ombudsman for the Board of the Pension...
s.sch010 In section 323(2)(b)(i) (provisions extending to Northern Ireland), for “subsections...

Help complying

Guvnor’s practical routes through this instrument.

Stop your sole trader business

Step-by-step guide to closing your self-employment - telling HMRC, filing final returns, and keeping required records

Transfer ownership of your business

Plan and execute business succession - family transfers, management buyouts, partner buyouts, or employee ownership

Manage your employees

A comprehensive journey for UK employers covering the full employment lifecycle - from ongoing payroll and compliance duties through to managing workforce …

Start a restaurant

Open a restaurant, cafe, or food business

Sell your business

Navigate the business sale process from preparation to completion and beyond - valuation, finding buyers, due diligence, TUPE, deal negotiation, and post-sale …

Close your company

Choose the right route to close your limited company - voluntary strike-off, Members' Voluntary Liquidation, or dealing with debts

Auto-enrolment compliance checklist

Verify your auto-enrolment setup meets all requirements from The Pensions Regulator. Covers scheme selection, staff assessment, enrolment, contributions, communications, record-keeping, and declaration …

Auto-enrolment penalties and TPR enforcement

Reference guide to The Pensions Regulator enforcement powers for auto-enrolment. Covers the enforcement ladder from compliance notices through financial penalties to criminal …

Choose a workplace pension scheme

How to select a qualifying pension scheme for auto-enrolment. Compares master trusts (NEST, People's Pension), group personal pensions, and occupational schemes by …

Complete your declaration of compliance

How to complete the declaration of compliance with The Pensions Regulator, confirming you have met your auto-enrolment duties. Covers what information you …

Employment law for hospitality businesses

Tips and service charge distribution, DBS checks for staff working with children, workplace pensions, and employment law considerations specific to hospitality sector …

Mandatory hiring requirements

Every employer obligation from pre-hire through the first month of employment. Covers right to work checks, written statements of particulars, employers' liability …

Re-enrolment: your three-year duties

How to manage the three-year re-enrolment cycle for auto-enrolment. Covers calculating your re-enrolment date, assessing opted-out workers, the re-enrolment process, and re-declaring …

Salary sacrifice pension arrangements

How salary sacrifice works for pension contributions. Covers NI savings for employer and employee, contractual requirements, interaction with the National Minimum Wage, …

8 more guides that reference this instrument

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.