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TPR FINES TRUSTEE FOR FAILURE TO COMPLETE VALUATIONS

TPR has fined a DB scheme trustee for failure to complete 2 valuations to the tune of £25,000.

A trustee has been fined £25,000 by The Pensions Regulator for failing to complete two valuations for its defined benefit scheme.

Rentokil Initial Pension Trustee Limited failed to complete 2012 and 2015 valuations of the Initial Hospital Service Limited No.1 Pension Scheme by their respective deadlines (July 2013 and July 2016).

DB scheme trustees are required to complete valuations every three years and, if the scheme is in deficit, they must submit a recovery plan and a schedule of contributions to TPR.

As part of its clearer, quicker, tougher approach, since April 2017, TPR has issued nine Warning Notices for late valuations.

Nicola Parish, TPR’s Executive Director of Frontline Regulation, said:

“Agreeing a triennial valuation is a key priority for the trustee of a scheme and its sponsoring employer. It allows us to check the health of a scheme and its ability to provide members with their expected retirement benefits.

“We are monitoring valuation due dates more regularly and this fine shows we will take tough action sooner to put things right where breaches occur.”

TPR was informed the reason for the delay in completing both Initial Hospital Service valuations was a planned merger with a separate scheme run by sponsoring employer, Rentokil Initial Plc.

TPR repeatedly advised the trustee that the proposed merger was not a valid reason for failing to comply with the statutory requirements and they should progress with agreeing both valuations with the employer.

When the proposed merger failed to happen and the valuations had not been submitted by the end of 2017, TPR decided to take formal action.

TPR’s Determinations Panel (DP) upheld the recommendation that the trustee should be issued with a £25,000 fine under section 10 of the Pensions Act 1995 for its failure to take all reasonable steps to complete the valuations. The DP’s findings are set out in a Determination Notice (PDF, 180kb, 35 pages).

Please note that this document was prepared by a third party and as such Brewin Dolphin is not responsible for the content or able to answer queries on the topics dealt with. While we believe it to be correct at the time of writing, Brewin Dolphin is not a tax adviser and tax law is subject to frequent change. Therefore you should not rely on this information without seeking professional advice from a qualified tax adviser, who should also be able to assist you with any questions on the content.

This document was prepared as a general guide only and does not constitute tax or legal advice.

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