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The Stakeholder Pension Schemes Regulations 2000

Changes over time for: Section 24

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Payroll deduction of contributionsE+W+S

24.—(1) [F1Subject to paragraphs (2) and (2A)], where an employee requests an employer to F2... vary (but not cease) deductions of the employee’s contributions to a qualifying scheme from his remuneration (“the request"), the employer must comply with the request as soon as possible, but no later than [F3the end of—

(a)the pay period following that in which the request is made; or

(b)where the request relates to a pay period later than the one following that in which the request is made, that later pay period.]

(2) Where an employee makes the request within 6 months of requesting the same employer to [F4vary] deductions of the employee’s contributions to a qualifying scheme from the employee’s remuneration, the employer need not comply with the request but, where he does not do so, he must give notice to the employee in writing—

[F5(a)that—

(i)he is not complying with the request; and

(ii)the reason he is not complying with it is that it was made within 6 months of the employee requesting him to [F4vary] such deductions and the employer is permitted by these Regulations not to comply with it in such circumstances;]

(b)informing him of the date (which must be no later than 6 months after the date of the employee’s previous request to [F4vary] such deductions) that the employee can make a new request to F6... vary deductions of the employee’s contributions; and

(c)informing him that—

(i)he may require the employer to cease such deductions F7... (if deductions are being made at the time of the request) but, if the employee makes such a request, the employer is not required to comply with any further request to make such deductions F8...; and

(ii)the employee may [F9be able to] make payments, [F10(subject to the trustees or manager refusing to accept them as permitted by or under these Regulations)] at a rate of his choosing, directly to the qualifying scheme.

[F11(2A) Where the trustees or manager of the scheme in relation to which the request is made inform the employer that they will refuse, in accordance with regulation 17, to accept payment—

(a)of a contribution to which the request relates, the employer need not comply with the request so far as the request relates to that contribution;

(b)of contributions of a particular type, the employer need not comply with the request so far as the request relates to a contribution of that particular type.

(2B) Where the employer, on a ground mentioned in paragraph (2A), does not comply with the request, he must give notice to the employee in writing—

(a)that, and of the extent to which, he is not complying with the request;

(b)that the reason he is not complying with the request to that extent is that—

(i)the trustees or manager have informed the employer that they will refuse, in accordance with regulation 17, to accept payment of a contribution to which the request relates or of contributions of a particular type; and

(ii)the employer is permitted by these Regulations not to comply with the request so far as the request relates to that contribution or to a contribution of that particular type;

(c)where the trustees or manager cite to the employer the ground of refusal in regulation 17 on which they will rely to refuse that contribution or contributions of that particular type, informing him that the trustees or manager have cited that ground of refusal in relation to that contribution or to contributions of that particular type; and

(d)informing him that—

(i)he may require the employer to cease such deductions (if deductions are being made at the time of the request) but, if the employee makes such a request, the employer is not required to comply with any further request to make such deductions F12...; and

(ii)the employee may [F13be able to] make payments, (subject to the trustees or manager refusing to accept them as permitted by or under these Regulations) at a rate of his choosing, directly to the qualifying scheme.]

[F14(3) Where an employee requests an employer to cease to make deductions from the employee’s remuneration on account of contributions to a qualifying scheme, the employer must—

(a)comply with that request as soon as possible, but no later than the end of—

(i)the pay period following that in which that request is made; or

(ii)where that request relates to a pay period later than the one following that in which that request is made, that later pay period; F15...

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F17(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where an employer is notified that a stakeholder pension scheme that has been designated by him for the purposes of section 3(2) of the Act has commenced winding-up, the employer must immediately cease making deductions from the employee’s remuneration on account of contributions to that scheme and notify the employee in writing as soon as is practicable that those deductions have ceased.

[F18(5A) Where an employer has withdrawn their designation of a stakeholder pension scheme that has been designated by him for the purposes of section 3(2) of the Act for reasons beyond their control, the employer must immediately cease deducting contributions from the employee’s remuneration and notify the employee in writing as soon as is practicable that designation of that scheme has been withdrawn and deduction of contributions has ceased.

(5B) Where an employer—

(a)is notified that a stakeholder pension scheme that has been designated by the employer for the purposes of section 3(2) of the Act has commenced winding up; or

(b)withdraws designation of a stakeholder pension scheme that has been designated by the employer for the purposes of section 3(2) of the Act for reasons beyond the employer’s control,

the employer need not comply with the requirement in section 3(5) of the Act.]

[F19(6) Any notice to be given under any of paragraphs [F20(2) and (2B)] must be given prior to the end of—

(a)the pay period following that in which the request to which the notice relates is made; or

(b)where that request relates to a pay period later than the one following that in which that request is made, that later pay period.

(7) In this regulation F21... references, in relation to an employer, to an employee are references to a relevant employee of that employer where that relevant employee is a member of a qualifying scheme.]

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