Employers' Pension Consultation Obligations

With effect from April 6, 2006, under the combined provisions of two sets of regulations, employers in multi-employer schemes and employers with occupational pension schemes, or personal pension schemes where direct payment arrangements exist, are required to consult active and prospective members before taking decisions to make certain changes to future pension provisions. Prospective members are, broadly, employees eligible to join. There is no requirement to consult deferred or pensioner members. The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (the Consultation Regulations) list the changes that will trigger the duty to consult, but do not prescribe details of the manner in which the consultation should be undertaken, nor do they require employers to obtain members' consent before effecting any changes. However, the Consultation Regulations emphasise that the consultation must be in good faith, with proper consideration being given to the views received. Click here for more..
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