Reporting Breach of Law Policy

The 'Reporting Breach of Law Policy' document is of utmost importance as it outlines the requirements for reporting any breaches of the law to the pensions regulator in a timely and effective manner. This policy is in accordance with the Code of Practice No. 14 published by the regulator in 2015 for the governance and administration of public service pension schemes.

 

The document begins with an introduction that clarifies the aim of the policy. It aims to ensure that individuals have the necessary understanding and skills to identify and report breaches as they arise. Additionally, it provides guidance on how to report a breach of the law. It is important to note that this policy is not part of the employment contract and may be subject to amendments.

 

The scope of the policy includes the managers of the scheme, pension board members, individuals responsible for the administration of the scheme, relevant stakeholders, employers, professional advisors such as actuaries, and auditors. These individuals are responsible for reporting any breaches of the law related to the pension scheme if they have reasonable cause to believe that a legal duty relevant to the administration of the scheme has not been or is not being complied with, and the failure to comply is likely to be of material significance to the regulator in the exercise of its functions.

 

The document then outlines the requirements for reporting a breach of law. Breaches that affect pension schemes should be considered for reporting to the regulator. The decision to report a breach depends on whether there is reasonable cause to believe that a breach of the law has occurred and if the breach is likely to be of material significance to the regulator. Factors such as the cause, effect, reaction, and wider implications of the breach should be considered when determining material significance.

 

The procedure for reporting a breach is clearly defined in the document. If an individual discovers a possible breach of law, their first point of contact should be their line manager. The matter can be reported in person or in writing. If the line manager is unavailable, another manager should be contacted. The line manager will evaluate the situation within 2 working days to determine if there is a breach of law. If a breach is identified, it will be reported to the governance committee established under this policy. The governance committee will review the reports of breaches and decide whether they need to be reported to the regulator. In urgent cases or if the concerns are not adequately addressed by the line manager or governance committee, the breach should be directly reported to the regulator.

 

When reporting a breach in writing, certain information should be included, such as the full name of the pension scheme, a description of the breach with supporting documentation, relevant dates, the name of the employer or scheme manager (if known), the name, position, and contact details of the reporter, and any additional information regarding the material significance of the breach to the regulator. The governance committee is responsible for maintaining a record of all breach reports, regardless of whether they are reported to the regulator.

 

For further information about reporting breaches or the procedure outlined in this document, individuals can contact the provided email address.

How to use this document?

1. Contact your line manager: If you discover a possible breach of law, your first step is to inform your line manager. You can do this in person or in writing.

2. Evaluate the situation: Your line manager will evaluate the situation within 2 working days to determine if there is a breach of law.

3. Report to the governance committee: If your line manager concludes that there is a breach of law, they will report it to the governance committee established under this policy. The committee will review the breach and decide if it needs to be reported to the regulator.

4. Directly report to the regulator if necessary: If the matter is urgent, if you feel your concerns have not been adequately addressed, or if you prefer not to raise the concerns with your line manager or the governance committee, you should directly report the breach to the regulator.

5. Provide necessary information: When reporting a breach in writing, include the full name of the pension scheme, a description of the breach with supporting documentation, relevant dates, the name of the employer or scheme manager (if known), your name, position, and contact details, and any additional information regarding the material significance of the breach to the regulator.

6. Record keeping: The governance committee will maintain a record of all breach reports, regardless of whether they are reported to the regulator.

For any further information or inquiries about reporting breaches or the procedure outlined in this document, please contact the provided email address.