Amendment of regulation 9
5.—(1) Regulation 9 (Opting out of this Section of the Scheme)(1) is amended as provided by paragraphs (2) to (8).
(2) Omit paragraphs (1A) to (1C).
(3) For paragraph (2), substitute—
“(2) A notice referred to in paragraph (1) shall take effect—
(a)from the first day of the pay period immediately following its receipt by the employing authority; or
(b)where a later date is specified in the notice, from the first day of the pay period following the pay period in which the specified date falls.”.
(4) For paragraph (3), substitute—
“(3) A person who opts out of this Section of the scheme under paragraph (1) within one month of the date of commencing HSC employment shall be treated as never having been included in this Section of the scheme in respect of that opt out and, if applicable, any contributions made by, or on behalf of, that person for the period before the opt out took effect must be refunded.”.
(5) For paragraph (4), substitute—
“(4) A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the persons—
(a)automatic enrolment date; or
(b)automatic re-enrolment date: this does not apply where the notice was given within the 12 months immediately preceding that date.”.
(6) Omit paragraph (5A).
(7) For paragraph (6), substitute—
“(6) A person who has opted out may not become a member of this Section of the scheme during any period of absence from work for any reason.”.
(8) After paragraph (7), add—
“(8) This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act(2) and regulations 9 or 15 of the 2010 Regulations(3) applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.”.
Regulation 9 was amended by S.R. 2005 No.565
Section 3 makes provision for the automatic enrolment of a qualifying worker into a qualifying scheme like the HSC Pension Scheme. Section 5 makes provision for the automatic re-enrolment of such a person into such a scheme who has previously opted out of it. Section 8 makes provision for the opting out of such a scheme, including the effect of such an opt out.
Regulation 9 sets out the requirements for a valid opt out notice and the time period during which a person who has been automatically enrolled into a qualifying scheme may not opt out of it. Regulation 15 applies the provisions of regulation 9 to a person who has been automatically re-enrolled into a qualifying scheme having previously opted out of it. Note that regulation 11 deals with the refund of contributions following an opt out.