The Pensions Regulator

Code of practice 10
Modification of subsisting rights

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The reporting requirement

74. Once the trustees have decided to go ahead with a modification, or have given approval for someone else (usually the employer) to do so, they are required to satisfy the reporting requirement.³⁹
75. In the case of any members to whom the consent requirements apply, members must be notified that the modification is to go ahead,⁴⁰ and this notice must be given within a reasonable period after the date of the trustees' decision⁴¹ (but before the modification takes effect).⁴²
76. In the case of any members to whom the actuarial equivalence requirements apply, this means taking all reasonable steps to notify them of the decision⁴³ within a reasonable period of the date of the trustees' decision⁴⁴ (and before the modification takes effect)⁴⁵. Similar considerations apply in deciding what steps are reasonable for the trustees to take as when satisfying the information requirement.
77. In both cases the regulator takes the view that the trustees should inform the relevant affected members as soon as is reasonably practicable. In view of the fact that trustees will already have addressed the issue of contacting affected members when satisfying the information requirement, trustees should usually aim to notify affected members within one month of making the decision.

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