The Pensions Regulator

Member-nominated trustees and member-nominated directors

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When do the MNT or MND requirements apply from?

The requirements for trustees to ensure that arrangements are in place, and implemented, that provide for at least one-third of trustees or at least one-third of directors of the trustee company to be member-nominated, start to apply from what is known as the 'commencement date'.

The commencement date varies depending upon the circumstances of the scheme:

• If an opt-out was in place on 5 April 2006, the commencement date is the earliest of:
  • the date members' approval of the opt-out ends;
  • the date the trustees or employer bring the opt-out to an end; or
  • 31 October 2007.
  
  If you want to know more about the considerations for trustees of these schemes see Opt-out in place.
• If the scheme has MNTs or MNDs appointed under the Pensions Act 1995 in place on 5 April 2006, the commencement date is 6 April 2006.
  
  If you want to know more about the considerations for trustees of these schemes see MNTs or MNDs appointed under the Pensions Act 1995.
• If the scheme is established after 6 April 2006, the commencement date is the date the scheme is established.
  
  Take a look at the flowchart for help in determining the commencement date for your scheme.
  
  From the commencement date, trustees must put their arrangements in place within a reasonable period if the scheme is not exempt. See putting arrangements in place for more information on considering designing and building arrangements.

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