UK Statutory Instrument
2005
United Kingdom
Occupational Pension Schemes (Employer Debt) Regulations 2005
At a glance
Enforced by
What's here
6 compliance obligations
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Preliminary
Browse 4 other sections in this Part — procedural / definitional / commencement
Interpretation
Disapplication of the 1996 Regulations
Schemes to which section 75 of the 1995 Act does not apply
Part 2 — Valuations
Browse 1 other section in this Part — procedural / definitional / commencement
Calculation of the amount of scheme liabilities and value of scheme assets
Part 3 — Multi-employer schemes
Browse 15 other sections in this Part — procedural / definitional / commencement
Multi-employer schemes: general
Employment-cessation events: periods of grace
Scheme apportionment arrangements
Withdrawal Arrangements
Notifiable events
Flexible apportionment arrangements
Deferred debt arrangement
Employment-cessation events: general
Employment-cessation events: exemptions
(1) There is a restructuring within this regulation if each...
(1) The trustees or managers may decide that any costs...
Approved withdrawal arrangements
Regulated apportionment arrangements
Calculation of amounts due from guarantors by virtue of regulation 7
Single employer sections, multi-employer sections, etc
Part 4 — Former employers
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Frozen schemes and former employers
Part 5 — Money purchase schemes
Browse 4 other sections in this Part — procedural / definitional / commencement
Money purchase schemes: fraud and levy deficiencies etc.
Money purchase schemes: valuations etc.
Multi-employer money purchase schemes
Former employers of money purchase schemes
Part 6 — Other schemes treated as more than one scheme
Browse 2 other sections in this Part — procedural / definitional / commencement
Schemes covering United Kingdom and foreign employment
Schemes with partial government guarantee
Part 7 — Supplementary
Browse 4 other sections in this Part — procedural / definitional / commencement
Modification of schemes: apportionment of section 75 debts
Disregard of staying of voluntary winding up of employer for purposes of section 75 of the 1995 Act
Consequential amendments
Review
Schedules
Conditions for withdrawal arrangements and approved withdrawal arrangements
- Ensure withdrawal arrangements meet all required conditions
Actuarial certificates
- Get actuarial certificates for withdrawal arrangement calculations
Calculation of amount A
- Calculate scheme shortfall amount for employer debt purposes
(1) Where a withdrawal arrangement or an approved withdrawal arrangement...
- Notify TPR when certain adverse events occur under a pension withdrawal arrangement
(1) The trustees or managers of a scheme must give...
- Notify TPR of decisions to enter scheme apportionment arrangements
(1) No duty to which a person is subject ......
- Comply with employer debt notice obligations or face civil penalties
Browse 67 other Schedules — structural / supplementary
"applicable time" means the time as at which the value...
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Name
Qualification
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Address
Name of employer (if applicable)
The valuation of the amount of the liabilities of the...
The value of the assets was provided by the trustees...
The liabilities were calculated and verified by relying on an...
Where approximate calculations are used in arriving at the amount...
In the case of multi-employer schemes:
The amount of the liabilities attributed to each of the...
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Notes:
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"liability proportion" means " K divided by L " where-...
"liability share" means an amount equal to the liability proportion...
"multi-employer scheme" means a scheme (or a section of a...
"relevant transfer deduction" means the amount of the relevant transfer...
"share of the difference" means the amount calculated as at...
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The liability share amount was reduced to reflect a relevant...
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This certificate is subject to the Notes below
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amount K, was [£x];
amount L was [£y]; and
[Employer's] debt (that is, Employer's liability share [after the relevant...
3 Valuation principles
4 Approximations
Date
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Date used as the applicable time for purposes of calculations...
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1 Comparison of value of scheme assets with amount of scheme liabilities
1 Comparison of value of scheme assets with amount of scheme liabilities
1 Amount B
2 Multi-Employer Schemes: Employer's share of the difference on the liability share basis
The amount of the total liabilities was [approximately]
2 Employer's withdrawal arrangements share or approved withdrawal arrangement share
The amount of the total difference between the value of...
Events for payment of amount B
Calculation of amount B
Approval of withdrawal arrangements in advance
Replacement withdrawal arrangements
3 Valuation principles
(1) The MFR Regulations are amended as follows.
In regulation 10(2) of the Occupational Pension Schemes (Winding Up)...
. . . . . . . . . ....
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 4 other unclassified sections
2 Valuation principles
The total amount of the employer’s debt will be the...
In the case of an approved withdrawal arrangement share, the...
[4 Approximations
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Regulated apportionment arrangements (RAA) (opens in a new tab) from TPR Detailed Guidance
- Clearance (opens in a new tab) from TPR Detailed Guidance
- BHS pension schemes: Determination notice (opens in a new tab) from TPR Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
The Pensions Regulator
Regulates workplace pensions, defined benefit schemes, and master trusts. All employers must auto-enrol eligible workers into a workplace pension. Enforces employer duties …
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Regulators
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