The Occupational Pensions Regulatory Authority (Opra) has introduced simpler reporting guidelines for statutory whistleblowers. A press release explains that a new traffic light system will reduce the number of minor reports Opra receives and free the regulator to focus on investigating cases where there is a genuine risk to members' benefits. Breaches will be classified as red, amber or green:

• red situations are those that Opra considers the most serious and which must be reported;
• green situations are those where there is no significant risk to members, and which do not need to be reported to Opra; and
• amber situations are those breaches where the risk to members' interests is less clear. Here, the scheme auditor or actuary will need to consider the context of the breach in relation to the scheme before they can decide if the matter poses a significant risk to members' interests and should therefore be reported.

This revised edition of Opra Note 1 ("Pensions Act 1995 section 48(1) - reporting to Opra") is the product of a consultation last spring. Among improvements and extensions made to the draft are

• more clarification and examples of what Opra means by "amber scenarios"
• a new section on duplicate reporting (eg by the scheme actuary or auditor when trustees have already reported)
• expanded guidance for schemes that are winding-up
• examples distinguishing whether reporting responsibility lies with the scheme actuary or auditor
• a new paragraph on the relevance of the Proceeds of Crime Act 2002.

In line with the new focus on risk-based approach to regulation, expectations of what Opra will do have been revised downwards, so that for example where the consultation draft stated

"As part of this new approach we will be aiming to improve the administration of schemes by providing information and guidance to trustees and employers who have committed breaches that do not have any obvious detrimental impact on members’ interests. However, Opra will check that any breaches reported to us, and in respect of which we supply guidance and information, are corrected as quickly as possible."

the published version refers to "trustees and employers who have committed recurring breaches" and in the following sentence replaces "Opra will check . . ." by "Opra will expect . . .".