Dreptul pensiilor
Pensii la locul de muncă, înscrierea automată, scheme de pensii și Regulatorul.
Introducere
Dreptul pensiilor reglementează pensiile la locul de muncă și protecția drepturilor pensionarilor.
Principii fundamentale
Auto-Enrolment — Employers must automatically enrol eligible jobholders (aged 22 to State Pension age, earning above £10,000) into a qualifying pension scheme and make minimum contributions.
Defined Benefit vs Defined Contribution — DB schemes promise a specific pension (based on salary and service). DC schemes depend on contributions and investment returns. Most new schemes are DC.
Trustee Duties — Trustees of occupational pension schemes owe fiduciary duties to members and must act in members' best interests, invest prudently, and comply with scheme rules.
The Pensions Regulator — TPR has powers to issue improvement and third-party notices, to impose contribution notices and financial support directions, and to prosecute for non-compliance with auto-enrolment.
Pension Protection Fund — The PPF compensates members of eligible DB schemes where the employer becomes insolvent and the scheme is underfunded.
State Pension — The new State Pension (from April 2016) requires 35 qualifying years of National Insurance contributions for the full amount.
Statute cheie
Pensions Act 2004
Pensions Act 2008
Cazuri de referință
Cowan v Scargill
[1985] Ch 270
Scenarii comune
Employer fails to enrol you in a pension
All eligible jobholders must be automatically enrolled. If your employer fails to do so, report them to The Pensions Regulator. TPR can issue compliance notices and fixed penalty notices (escalating daily penalties for continued non-compliance).
Pension scheme underfunded on employer insolvency
The Pension Protection Fund may take over the scheme and pay compensation to members. For DB schemes, compensation is generally 100% for those at or above normal pension age and 90% for others.