TPR acts against trustees over ERI breaches involving prohibited loans and loss of scheme funds
The Pensions Regulator (TPR) has published a report under section 89 of the Pensions Act 2004 which underscores the serious consequences trustees face when breaching employer-related investment (ERI) rules. The report details enforcement action taken against two former trustees of the Worthington Employee Pension Top-Up Scheme (the Scheme) - a money purchase trust-based occupational scheme established in 2006 - following the discovery of prohibited employer-related loans made using Scheme funds. Stephen Smith, one of the trustees, received a suspended ten-month prison sentence after admitting to making five unlawful loans to entities connected to the scheme’s sponsoring employer, Marcus Worthington and Company Ltd. In addition to the suspended sentence, Mr Smith was ordered to complete 150 hours of community service and pay £1,000 in prosecution costs. In January 2023, TPR also imposed a £29,000 regulatory penalty on the second trustee, John Marcus Worthington, under section 10 of the Pensions Act 1995 for six ERI breaches. Although TPR had considered criminal prosecution, it concluded that the public interest test was not met due to Mr Worthington’s personal circumstances.