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TPR Codes of Practice: Reporting Breaches & Notifiable Events
by Ian Neale 06/04/2005
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The Pensions Regulator (TPR) has published its first two official Codes of Practice under s.90 of the Pensions Act 2004 (PA 04). Codes of practice are intended to provide practical guidelines on the requirements of pensions legislation and to set out the standards of conduct and practice expected of those who must meet these requirements. They are not statements of the law. However, when determining whether the legal requirements have been met, a court or tribunal must take any relevant codes of practice into account.
There are other good reasons for paying close attention to the Codes, and these first two Codes in particular. Pensions legislation imposes duties to report to TPR in some specific circumstances, for example changes in registrable information, a failure to pay contributions due and certain failures in relation to the funding of defined benefit schemes. Additionally, there are requirements placed on trustees and employers to notify TPR about certain events that may affect the pension scheme and the sponsoring employer.
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