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DWP Proposes Rules to Unlock Surplus From Defined Benefit Pensions

The plan aims to free capital for employer investment to support growth through stricter funding tests and stronger trustee oversight.

Overview

  • The Department for Work and Pensions published a consultation on Wednesday that sets out how trustees could release surplus assets from overfunded defined benefit pension schemes.
  • The proposal would replace the current buyout-based funding test with a lower 'low-dependency' threshold and add a forward-looking test to check that any payment will not weaken future scheme funding.
  • The consultation would require independent actuarial certification, formal trustee governance and professional advice, sponsor agreement, at least three months' notice to members and reporting to the Pensions Regulator.
  • Industry groups have welcomed the review but warned that surpluses can vanish quickly in market stress and that member payment depends on trustee decisions rather than being automatic.
  • The consultation is open until 2 September 2026, reflects a shift after a period when surpluses quadrupled, and the government has signalled these rules could come into force around April 2027.