What You Need to Know The Pension Schemes Act 2026 (Act) received royal assent on 29 April 2026. It tookless than a year from its first reading in the House of Commons, to becoming an actof Parliament. While the Act covers a diverse variety of topics, it mainly constitutes We take a journey through the Act, and signpost you to the key provisions and what is Introduction Defined Benefit (DB) Pensions 1. Local Government Pension Scheme (LGPS) What Is Next? Background Following the general election in 2024, the government announced that it would launcha pensions investment review. Its interim report was published in November 2024, whichput forward proposals to legislate to require the 86 LGPS administering authoritiesin England and Wales to consolidate their assets into fewer, larger pools of capital. •The government is expected to publish its response to the technical consultation on “Fit •All pools will have to be established as UK alternative investment fund managers by 30 What Does the Act Do? The Act implements the following measures. •The Act provides the framework for regulations to: –Make provision in relation to asset pools, including a requirement for asset pools tobe Financial Conduct Authority (FCA) authorised. It also includes the power to makeregulations to instruct a scheme manager to participate, or cease to participate, in –Make provision in relation to a scheme manager’s investment strategy, including –Make provision in relation to scheme governance reviews and the publication of •The Act also facilitates the compulsory merger of LGPS funds. Relevant sections of the Act: Sections 1 to 8 Effective date: Most measures came into force on 29 April 2026. 2. Power to Pay Surplus to Employer Relevant sections of the Act: Sections 9 to 10 Background Effective date: While the power to make regulations came into force on 29 April 2026,commencement regulations will specify when the remainder of these provisions will The Pensions Act 2004 (PA04) was brought into law at a time when many DB schemeswere in deficit. The PA04 introduced a requirement for trustees of DB schemes topass a resolution before April 2011 (which was subsequently extended to April 2016), ifthey wished to have the power to make payments from the scheme to the sponsoringemployer. Since then, scheme funding positions have, on the whole, improved, with thegovernment publishing a call for evidence in July 2023, followed by a consultation inFebruary 2024 on options for DB schemes, both of which explored possibilities for surplusextraction. From 6 April 2024, the tax charge on release of surplus to the employer What Is Next? •Further detail will be set out in draft regulations that will be the subject of consultation •Regulations are expected to be in place during the course of 2027. •The government has said that it is minded to set the threshold at which surplus can be •The rate of taxation applicable to surplus extracted from DB schemes will remain at •TPR is expected to develop guidance regarding surplus extraction by the end of 2027. What Does the Act Do? The Act implements the following measures. •A statutory power is introduced to allow trustees to modify scheme rules to permitsurplus extraction, or to remove or relax any restrictions on the exercise of an existingtrustee power. The use of the power is at the discretion of the trustees. There is no •Section 251 PA04, which included a requirement that trustees must have passed aresolution before 6 April 2016 to preserve any power in their rules allowing a refund of •Section 37 Pensions Act 1995 (PA95) is amended to set out new conditions for a refundof surplus. Old section 37 had included a provision that the power to refund surpluscould only be exercised if the trustees were satisfied that it was in the interests of the •The new power cannot be used if the scheme is already being wound up, nor can thetrustees pass a resolution to confer such a power to be used during future scheme wind Defined Contribution (DC) Pensions 3. Value for Money (VFM) What Does the Act Do? Background More than 11 million people have been automatically enrolled into a workplace pensionsince the introduction of automatic enrolment, with the majority becoming members ofa DC scheme. Government and regulators have introduced measures to drive up qualitystandards and improve member outcomes in DC schemes over the last decade. The focuswas originally on driving down member-borne costs and charges, but has now shifted to abroader assessment. Since 2021, the FCA and TPR have engaged with industry on a newframework and metrics to enable VFM to be assessed in a consistent way across the DCmarket. The latest VFM proposals (in a consultation issued 8 January 2026) cover howschemes would assess: investment performance (against forward and backward lookingmetrics), service quality, costs and charges. A central database would be maintained, •The Act gives wide regulation making power