Released 27 May 2021
The Pensions Regulator (TPR) is consulting on changes to its Code of Practice 12 following the introduction, by the Pension Schemes Act 2021, of new tests in relation to its Contribution Notice (CN) power.
The legislation, passed earlier this year, amends TPR’s CN power (under Pensions Act 2004, s. 38). It introduces two new ways in which TPR can assess the impact of an act, namely, the employer insolvency test, and the employer resources test. The new tests are in addition to the existing main purpose and material detriment tests.
As a result of the introduction of these new tests, TPR is updating its Code of Practice to explain the circumstances in which it will consider issuing a CN on the basis of the new tests.
The consultation runs until 7 July 2021.