The Occupational Pension Schemes (Investment and Disclosure) (Amendment) Regulations 2019

Publication Date:January 01, 2019
 
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2019No. 982

PENSIONS

The Occupational Pension Schemes (Investment and Disclosure) (Amendment) Regulations 2019

Made3rdJune2019

Laid before Parliament6thJune2019

Coming into force in accordance with regulation 1

The Secretary of State, being a Minister designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to personal and occupational pensions, makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act, sections 113(1), (6) and (7), 181(1), 182(2) and (3) and 183(1) of the Pension Schemes Act 1993( 3) and sections 35(4), 36(1), (1A)(a) and (9), 124(1) and 174(2) and (3) of the Pensions Act 1995( 4).

In accordance with section 113(9) of the Pension Schemes Act 1993( 5), the Secretary of State has consulted with the Financial Conduct Authority and the Treasury, and in accordance with section 185(1) of that Act( 6) and section 120(1) of the Pensions Act 1995, the Secretary of State has consulted such persons as the Secretary of State considers appropriate.

Citation and commencement

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Investment and Disclosure) (Amendment) Regulations 2019.

(2) These Regulations come into force, except as provided for below, on 30th September 2019.

(3) On 1st October 2019 the following regulations come into force—

(a) regulation 2;

(b) regulation 3(1), (2) and (3)(a);

(c) regulation 3(3)(b), in so far as it inserts paragraph (2B)(a) in regulation 29A of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013( 7); and

(d) regulation 5.

(4) On 1st October 2020, the following regulations come into force—

(a) regulation 3(3)(b), for all remaining purposes; and

(b) regulation 3(4).

Amendment of the Occupational Pension Schemes (Investment) Regulations 2005

2.—(1) The Occupational Pension Schemes (Investment) Regulations 2005( 8) are amended as follows.

(2) In regulation 2 (statement of investment principles)( 9)

(a) after paragraph (3)(c), insert—

“(d) their policy in relation to the trustees' arrangement with any asset manager, setting out the following matters or explaining the reasons why any of the following matters are not set out—

(i) how the arrangement with the asset manager incentivises the asset manager to align its investment strategy and decisions with the trustees' policies mentioned in sub-paragraph (b);

(ii) how that arrangement incentivises the asset manager to make decisions based on assessments about medium to long-term financial and non-financial performance of an issuer of debt or equity and to engage with issuers of debt or equity in order to improve their performance in the medium to long-term;

(iii) how the method (and time horizon) of the evaluation of the asset manager's performance and the remuneration for asset management services are in line with the trustees' policies mentioned in sub-paragraph (b);

(iv) how the trustees monitor portfolio turnover costs incurred by the asset manager, and how they define and monitor targeted portfolio turnover or turnover range; and

(v) the duration of the arrangement with the asset manager.”; and

(b) in paragraph (4)—

(i) after the definition of “non-financial matters” insert—

““portfolio turnover costs” means the costs incurred as a result of the buying, selling, lending or borrowing of investments;”;

(ii) after the definition of “relevant persons” insert—

““stakeholder” means a person or a group of persons who has an interest in the issuer of debt or equity;

“targeted portfolio turnover” means the frequency within which the assets of the scheme are expected to be bought or sold;

“time horizon” means the time period over which the trustees evaluate the performance of the asset manager; and

“turnover range” means the minimum and maximum frequency within which the assets of the scheme are expected to be bought or sold.”.

Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013

3.—(1) The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 are amended as follows.

(2) In regulation 4(1) (application of these Regulations)( 10) after “25 and, where” insert “the scheme falls within section 35 (investment principles) of the 1995 Act or”.

(3) In regulation 29A (publishing charges and transaction charges and other relevant information)( 11)

(a) after paragraph (1) insert—

“(1A) Where section 35 of the 1995 Act applies to a scheme which does not fall within paragraph (1), the information specified in paragraph (2B)( 12) must be made publicly available free of charge on a website in accordance with this regulation.”; and

(b) after paragraph (2A)( 13) insert—

“(2B) The specified information is—

(a) the latest statement of investment principles governing decisions about investments prepared for the scheme under section 35 of the 1995 Act; and

(b) the information which must be included in the most recent document prepared under regulation 12( 14) in accordance with paragraph 30(ca)( 15) of Schedule 3.”.

(4) In paragraph 30 of Schedule 3 (information to be given on request), after sub-paragraph (c), insert—

“(ca) a statement which must—

(i) set out how, and the extent to which, in the opinion of the trustees, the policy required under regulation 2(3)(c) of the Occupational Pension Schemes (Investment) Regulations 2005 has been followed during the year, and

(ii) describe the voting behaviour by, or on behalf of, trustees (including the most significant votes cast by trustees or on their behalf) during the year and state any use of the services of a proxy voter during that year,”.

Amendment of the Pension Protection Fund (Pensionable Service) and Occupational Pension Schemes (Investment and Disclosure) (Amendment and Modification) Regulations 2018

4.—(1) The Pension Protection Fund (Pensionable Service) and Occupational Pension Schemes (Investment and Disclosure) (Amendment and Modification) Regulations 2018( 16) are amended as follows.

(2) In regulation 4 (amendments to the Occupational Pension Schemes (Investment) Regulations 2005—

(a) in paragraph (2)—

(i) in sub-paragraph (a)—

(aa) in paragraph (iii), at the end of the inserted sub-paragraph (b)(vii), omit “and”; and

(bb) in paragraph (iv), at the end of the inserted sub-paragraph (c)(ii), insert “and”; and

(ii) in sub-paragraph (b) in the inserted paragraph (4)—

(aa) in the definition of “relevant matters”, after “strategy,”, insert “capital structure, management of actual or potential conflicts of interest,”; and

(bb) in the definition of “relevant persons”, before “or another”, insert “, another stakeholder”; and

(b) for paragraph (3) substitute—

“(3) In regulation 2A(1)(b) (additional requirements in relation to default arrangement)( 17), after “regulation 2(3)(b)” insert “and, if that scheme has 100 or more members, regulation 2(3)(c) and (d)( 18).”.

(3) In regulation 5 (amendments to the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013—

(a) in paragraph (2)(b), for the inserted paragraph (5), substitute—

“(5) Where section 35 of the 1995 Act applies to a scheme the following information must be made publicly available free of charge in accordance with regulation 29A—

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