The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010

1. Introductory Text

2. PART 1 Citation, commencement and interpretation

   1. 1. Citation, commencement ... and interpretation

   2. 2. Enrolment information

   3. 3. Jobholder information

   4. 4. Pay reference periods for the purposes of sections 1(1)(c), 3(1)(c) and 5(1)(c) of the Act

   5. 5. Pay reference periods for the purposes of section 20(1)(b) and (c) and section 26(4)(b) and (5)(b) of the Act

3. PART 1A Exemption and Exceptions

   1. 5A. Exemption of European employers

   2. 5B. Notice of termination of employment

   3. 5C. Former members

   4. 5D. Tax protection

   5. 5E. Winding-up lump sum

   6. 5EA. Company directors

   7. 5EB. Limited liability partnerships

   8. 5F. Effect of exercise of discretion

4. PART 2 Automatic enrolment, opt out and refunds

   1. 6. Arrangements to achieve active membership

   2. 7. (1) Subject to paragraph (2), for the purposes of the...

   3. 8. An employer must, on or after the automatic enrolment date,...

   4. 9. Opting Out

   5. 10. Where an employer is given a valid opt out notice,...

   6. 11. Refunds

5. PART 3 Automatic re-enrolment

   1. 12. Automatic re-enrolment dates

   2. 13. Arrangements to achieve active membership

   3. 14. Jobholders excluded from automatic re-enrolment

   4. 15. Opting out

   5. 16. Refunds

6. PART 4 Jobholders opting in to pension saving

   1. 17. Information on the right to opt in to pension saving

   2. 18. Opt in notices and arrangements to achieve active membership

   3. 19. Opting out

   4. 20. Refunds

7. PART 5 Workers joining pension saving

   1. 21. Information to be given to workers

   2. 22. Form and content of joining notices

   3. 23. Arrangements to achieve active membership

8. PART 6 Postponement of automatic enrolment or disapplication of automatic enrolment

   1. 24. Prescribed requirements for the purposes of section 4(1), (2) and (3) of the Act

   2. 25. Postponement of the automatic enrolment date

   3. 26. Cases in which automatic enrolment may be postponed

9. PART 7 Automatic enrolment following the transitional period for defined benefit and hybrid schemes

   1. 27. Notice to be given under section 30(3) of the Act

   2. 28. Arrangements to achieve active membership

   3. 29. The arrangements prescribed in regulations 6, 7 and 8 are...

   4. 30. Opting out

   5. 31. The arrangements in regulations 9 and 10 are the arrangements...

   6. 32. Refunds

10. PART 7A Certification that a quality or alternative requirement is satisfied

    1. 32A. Effect of a certificate under section 28 of the Act

    2. 32B. Giving of a certificate, retention and disclosure

    3. 32C. Form of certificate

    4. 32D. Renewal of Certificate

    5. 32E. Alternative requirements for a money purchase scheme

    6. 32EA. Alternative quality requirements for a collective money purchase scheme

    7. 32F. Alternative requirements for a personal pension scheme

    8. 32G. Alternative requirements for a hybrid scheme

    9. 32H. Scheme not to be treated as satisfying the relevant quality requirement in certain circumstances

    10. 32I. Contributions under alternative requirements during transitional periods

    11. 32J. Pension schemes based in an EEA State other than the United Kingdom

    12. 32K. Definitions

11. PART 7B

    1. Alternative quality requirements: UK defined benefits schemes

       1. 32L. Alternative quality requirements for UK defined benefits schemes

       2. 32M. (1) A defined benefit scheme that has its main administration...

12. PART 8 Existing members of qualifying schemes

    1. 33. Information

    2. 34. Continuity of scheme membership

13. PART 9 Automatic enrolment schemes

    1. 35. Further conditions applicable to automatic enrolment schemes

14. PART 10 Exclusion as a qualifying scheme

    1. 36. Certain schemes providing average salary benefits excluded from being qualifying schemes

15. PART 11 Test Scheme

    1. 37. Test scheme: requirements to revalue accrued benefits and increase pensions in payment

    2. 38. Appropriate age

    3. 39. Requirements for meeting the test scheme standard

    4. 39A. Lump sum test scheme requirements

16. PART 12 Hybrid schemes

    1. 40. Interpretation

    2. 41. Modification of test scheme standard: money purchase benefit lump sum accruals

    3. 42. Modification of test scheme standard: final salary lump sum accruals

    4. 43. Modification allowing different quality requirements to be satisfied in aggregate

17. PART 13 Non-UK Pension Schemes

    1. 44. Description of an occupational pension scheme with its main administration outside the United Kingdom

    2. 45. Quality requirements: non-UK occupational pension schemes

    3. 46. A pension scheme to which section 26 (quality requirement: UK...

    4. 47. Prescribed requirements for non-UK qualifying schemes

    5. 47A. Meaning of “provider”

18. PART 14 Due dates

    1. 48. Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996

    2. 49. Amendment of the Personal Pension Schemes (Payments by Employers) Regulations 2000

    3. 50. Due Date for the purposes of section 37(3) of the Act

19. PART 15 Special occupations

    1. 51. Police members appointed other than under a contract of employment

    2. 52. Persons working on vessels

20. PART 16 Review

    1. 53. (1) Before the end of the review period, the Secretary...

21. Signature

22. 1. Schedule 1

       Information for workers

    2. SCHEDULE 2

       Information

       1. 1. A statement that the jobholder has been, or will be,...

       2. 2. The jobholder’s automatic enrolment date, automatic re-enrolment date or enrolment...

       3. 3. The name, address, telephone number and electronic contact details of...

       4. 4. (1) The value of any contributions payable to the scheme...

       5. 5. A statement that any contributions payable to the scheme by...

       6. 6. Confirmation as to whether tax relief is or will be...

       7. 7. A statement that if the jobholder, on a date, ceases...

       8. 8. A statement that the jobholder has the right to opt...

       9. 9. A statement indicating the start and end dates of the...

       10. 10. Where the opt out notice may be obtained.

       11. 11. A statement that opting out means that the jobholder will...

       12. 12. A statement that after a valid opt out notice is...

       13. 13. A statement that where the jobholder opts out the jobholder...

       14. 14. A statement that, after the opt out period, the jobholder...

       15. 15. A statement that a jobholder who opts out or who...

       16. 16. A statement that the jobholder may, by giving written notice...

       17. 17. A statement that the worker may, where they are working...

       18. 18. A statement that by giving written notice to the employer,...

       19. 19. A statement where the worker is a jobholder and an...

       20. 20. A statement that the employer has deferred automatic enrolment until...

       21. 21. A statement that the employer will automatically enrol the worker...

       22. 22. A statement that the employer intends to defer automatic enrolment...

       23. 23. Confirmation that the jobholder is an active member of a...

       24. 24. A statement that a written notice from the worker must...

       25. 25. Where to obtain further information about pensions and saving for...

23. Explanatory Note