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

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Arrangements to achieve active membership

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13.—(1) Except where the jobholder becomes an active member of an automatic enrolment scheme under paragraph (2), the arrangements in regulations 6, 7 and 8 are the arrangements prescribed to achieve active membership for the purposes of section 5, but with the following modifications—

(a)in regulation 6 for all references to “section 3” substitute “section 5”;

(b)in regulations 6 and 7 for all references to “section 3(2)” substitute “section 5(2)”, and

(c)in regulations 6, 7 and 8 for all references to “the automatic enrolment date” substitute “the automatic re-enrolment date”.

(2) Subject to paragraph (3), where before the jobholder’s automatic re-enrolment date, the jobholder is a member of a personal pension scheme, or in a case under section 6(5) (timing of automatic re-enrolment) a member of a personal pension scheme or an occupational pension scheme, the employer may meet the obligation in section 5(2) by—

(a)before the end of a period of one month beginning with the automatic re-enrolment date, entering into arrangements with the provider or the trustees or managers of the scheme of which the jobholder is a member so that—

(i)the scheme is an automatic enrolment scheme, and

(ii)the jobholder is an active member of that scheme, and

(b)satisfying the requirements of regulation 7, as if for all references in regulation 7 to “section 3(2)” there were substituted “section 5(2)” and for all references to “the automatic enrolment date” there were substituted “the automatic re-enrolment date”.

(3) Paragraph (2)(b) does not apply in a case under section 6(5).

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