HC Deb 06 February 2002 vol 379 c1019W
Mr. Boswell

To ask the Secretary of State for Work and Pensions if the decision by an employer whether to contract-out from the state second pension scheme is(a) a matter of negotiation between the parties involved in that employment and (b) is subject to fiduciary duties to maximise benefit to employees. [33720]

Mr. McCartney

The decision on whether or not an employer wishes to set up an occupational pension scheme through which his employees may contract out of the state second pension, is entirely a matter for the employer. Any subsequent change in the contracting-out status of the scheme would require a change to the scheme rules. Such a change could only be made if an actuary certified to the trustees that, in his opinion, the change would not adversely affect any member of the scheme, without his or her consent, in respect of his or her entitlement.