ਪੈਨਸ਼ਨ ਕਾਨੂੰਨ
ਕੰਮ ਵਾਲੀ ਥਾਂ ਪੈਨਸ਼ਨ, ਆਟੋ-ਨਾਮਾਂਕਣ, ਪੈਨਸ਼ਨ ਸਕੀਮਾਂ ਅਤੇ ਰੈਗੂਲੇਟਰ।
ਜਾਣ-ਪਛਾਣ
Pensions law governs workplace and personal pension provision in England & Wales. The Pensions Act 2008 introduced automatic enrolment, requiring employers to enrol eligible workers into a qualifying pension scheme. The Pensions Act 2004 established The Pensions Regulator (TPR) with powers to protect members' benefits. Occupational pension schemes are governed by trust law, with scheme trustees owing fiduciary duties to members.
ਮੂਲ ਸਿਧਾਂਤ
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.
ਮੁੱਖ ਐਕਟ
Pensions Act 2004
Pensions Act 2008
ਪ੍ਰਮੁੱਖ ਕੇਸ
Cowan v Scargill
[1985] Ch 270
ਆਮ ਸਥਿਤੀਆਂ
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.