Pensions in 30: 5. Reporting breaches of law

The Month in Pensions - Gowling WLG

Key Points

• Trustees, managers, administrators, participating employers, professional advisers and those otherwise involved in advising trustees are under a duty to report breaches of the law.
• It is essential that companies put in place procedures to comply with the Pension Regulator's Code of Practice on reporting breaches of the law.
• Trustees must bear in mind the need to act within the powers and responsibilities afforded to them in the trust deed and rules.
• When deciding whether to report, two points arise: (a) has there been a breach of law and (b) is it of material significance to The Pensions Regulator?
• It is important to have a reporting system in place and to be aware that one party's report does not automatically remove the duty from another party to report the same breach.
• The Pensions Regulator has the power to impose fines and report advisors to their professional governing bodies if they fail to report materially significant breaches.

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