Insolvency and pensions

What happens to the assets in a pension scheme on a company insolvency?

On a company’s insolvency, the funds in its pension scheme do not automatically form part of the assets of the company. They are not automatically available to pay the company’s creditors unless an office-holder has an action against the scheme for the return of funds, eg if a preference transaction has occurred.

An insolvency practitioner appointed over the company must give notice of the insolvency to the Pensions Regulator (TPR), the Pension Protection Fund (PPF) and the trustees or managers of the pension scheme (see Pensions Act 2004, s 120). For further information, see Practice Note: What happens to a pension scheme on a company’s insolvency?

What if there are employer or employee contribution arrears at the insolvency date?

Employee contributions

If the insolvent employer has deducted contributions to a DB or DC scheme from an employee’s pay in the four months before its insolvency, but failed to pay them to the scheme, the amount of the unpaid contributions will be a preferential debt in the employer’s insolvency (Schedule 4 to the To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

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Latest Pensions News

Pensions Schemes Bill makes progress at Lords Grand Committee Stage despite strong reservations on LGPS reforms

The House of Lords Grand Committee (Grand Committee) opened its detailed scrutiny of the Pension Schemes Bill on 12 January 2026. Day 1 of the Grand Committee’s examination began on Chapter 1 of the Bill on the Local Government Pension Scheme (LGPS) and in particular Clauses 1 (Asset pool companies) and 2 (Asset management). Ultimately, all amendments debated on 12 January were withdrawn, and Clauses 1 and 2 were agreed without change. However, the debate raised significant cross-party concern about the breadth of ministerial powers, the heavy reliance on delegated legislation, the protection of fiduciary duty and the extent of ministerial influence over pension investment. On 14 January 2026, the Grand Committee continued its focus on the provisions of Chapter 1 of the Pension Schemes Bill when it agreed Clauses 6 (Mergers of funds), 7 (Amendments of 2013 Act relating to scheme regulations) and 8 (Interpretation of Chapter 1). Again, agreement was reached despite extensive debate highlighting concerns over compulsory mergers, funding positions, contribution prudence and employer affordability, surplus management, transparency, and the impact of local government reorganisation. The government peers maintained that existing statutory, actuarial and governance frameworks are sufficient and that further changes should be considered through consultation rather than primary legislation. The Grand Committee is currently scheduled to sit again on 19, 22 and 26 January 2026 when further detailed examination of the Pension Schemes Bill will continue.

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