Q&As

Can the term of a non-affiliated trustee be extended from two to five years without triggering the requirement for an open and transparent appointment process?

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Published on LexisPSL on 03/11/2017

The following Pensions Q&A provides comprehensive and up to date legal information covering:

  • Can the term of a non-affiliated trustee be extended from two to five years without triggering the requirement for an open and transparent appointment process?
  • Regulation 28(4)
  • Regulation 28(1)

Can the term of a non-affiliated trustee be extended from two to five years without triggering the requirement for an open and transparent appointment process?

There are two legislative provisions that are relevant to this question:

  1. regulation 28(4) of the Occupational Pension Schemes (Scheme Administration) Regulations 1996, SI 1996/1715, which specifies that ‘[a] trustee who is an individual is not to count as non-affiliated’ for longer than a prescribed length of time

  2. SI 1996/1715, reg 28(1) which requires that ‘the appointment process for a trustee who is to count as non-affiliated […] must be open and transparent’

Unfortunately the Pensions Regulator’s guidance on the subject (set out in its trustee board guide) fails to provide any clarity as to

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