Pension Schemes Act 2021

Schedule 1C Unconnected Multiple Employer Schemes: Promotion or Marketing Requirement

Section 14D(1) and (2) Part 1 No promotion or marketing that is unclear or misleading without rectification Consistency 1 Whether information included in promotion or marketing of the scheme is consistent with the information included in— (a) the document prepared by the scheme actuary under regulation 33(3)(b) (soundness of scheme design) of the Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1313) for the purposes of the viability report that is the most recent viability report at the time of the promotion or marketing; (b) the scheme’s investment strategy that is the most recent investment strategy at the time of the promotion or marketing; (c) the summary, if any, published most recently in relation to the scheme at the time of the promotion or marketing, in accordance with regulation 29B(2)(a) of, and paragraph 1A of Schedule 11 to, the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (S.I. 2013/2734) (scheme design statement). Transparency 2 (1) Whether promotion or marketing of the scheme clearly and accurately explains, in accordance with any provision set out in a Code— (a) how the rate or amount of benefits provided to members under the scheme is determined, including supporting illustrations of what individual members might receive; (b) that performance of investments can fluctuate; (c) that the expected value of the rights to benefits is not guaranteed; (d) that the rate or amount of benefits provided to members under the scheme can fluctuate; (e) what would happen if the scheme becomes unable to continue to operate; (f) such other matters as may be set out in a Code. (2) Whether promotion or marketing of the scheme provides— (a) access to the summary, published most recently in relation to the scheme at the time of the promotion or marketing, in accordance with regulation 29B(2)(a) of, and paragraph 1A of Schedule 11 to, the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (scheme design statement), or (b) where such a summary has not been published at the time of the promotion or marketing, information about where the summary will be published and the expected date of publication. Part 2 Promotion or marketing: systems and processes Quality assurance 3 Whether there are quality assurance checks to ensure that promotion or marketing of the scheme is clear and not misleading. Resource planning 4 Whether there are systems and processes for ensuring that there are sufficient individuals, with the relevant skills, knowledge, experience and capacity necessary to enable relevant functions to be carried out by or on behalf of the scheme— (a) in a manner that secures that promotion or marketing of the scheme is clear and not misleading, and (b) in accordance with the scheme’s systems and processes concerning promotion or marketing of the scheme. Feedback and complaints 5 Whether there are systems and processes— (a) for gathering feedback concerning promotion or marketing of the scheme; (b) for directing complaints concerning promotion or marketing of the scheme to the correct channels for resolution; (c) for evaluating feedback and complaints concerning promotion or marketing of the scheme and sharing such feedback and complaints with the scheme proprietor and the trustees of the scheme; (d) for taking into account feedback and complaints concerning promotion or marketing of the scheme in the design of promotion or marketing of the scheme; (e) for reporting to the scheme proprietor and the trustees as to how feedback and complaints have been taken into account in the design of promotion or marketing of the scheme. Functionality of IT systems 6 Whether the IT systems used for the purposes of record-keeping in respect of promotion or marketing of the scheme have the necessary capacity and capability to record and manage all documents relating to promotion or marketing of the scheme (including all documents relating to feedback and complaints) in an accessible form, and to retain those documents for at least six years. Risk management 7 Whether there are systems and processes for identifying, managing and monitoring risks in respect of promotion or marketing of the scheme. Governance 8 Whether there are systems and processes— (a) for the identification of roles and responsibilities in respect of the oversight of promotion or marketing of the scheme; (b) for the appointment of persons with sufficient skills, knowledge and experience to carry out those roles; (c) for setting clear objectives concerning promotion or marketing of the scheme and for monitoring whether those objectives are being met within the relevant timescales; (d) for documenting and reporting to the scheme proprietor and the trustees of the scheme matters relating to the oversight of promotion or marketing of the scheme; (e) for identifying and addressing any failures in the oversight of promotion or marketing of the scheme; (f) for ensuring that all persons carrying out relevant functions in relation to the scheme are aware of the requirement that promotion or marketing of the scheme is clear and not misleading. Interpretation of Part 2 9 In this Part “relevant functions” in relation to a scheme are— (a) the development, production, provision or review of materials relating to promotion or marketing of the scheme, (b) record-keeping in respect of promotion or marketing of the scheme, (c) quality assurance activities in respect of promotion or marketing of the scheme, and (d) any other functions, in respect of promotion or marketing of the scheme, set out in a Code.