Search Legislation

Pensions Act 2008

Changes over time for: Cross Heading: Transitional

 Help about opening options

Changes to legislation:

Pensions Act 2008, Cross Heading: Transitional is up to date with all changes known to be in force on or before 21 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

TransitionalE+W+S

29Transitional periods for money purchase and personal pension schemesE+W+S

(1)During the first transitional period F1...—

(a)sections 20(1)(b) and 26(4)(b) have effect as if for “3%” there were substituted “ 1% ”;

(b)sections 20(1)(c) and 26(5)(b) have effect as if for “8%” there were substituted “ 2% ”.

(2)The first transitional period is a prescribed period of at least one year, beginning with the coming into force of section 20.

(3)During the second transitional period F2...—

(a)sections 20(1)(b) and 26(4)(b) have effect as if for “3%” there were substituted “ 2% ”;

(b)sections 20(1)(c) and 26(5)(b) have effect as if for “8%” there were substituted “ 5% ”.

(4)The second transitional period is a prescribed period of at least one year, beginning with the end of the first transitional period.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 29(1) omitted (12.9.2014) by virtue of Pensions Act 2014 (c. 19), ss. 39(5), 56(1); S.I. 2014/2377, art. 2(1)(b)

F2Words in s. 29(3) omitted (12.9.2014) by virtue of Pensions Act 2014 (c. 19), ss. 39(5), 56(1); S.I. 2014/2377, art. 2(1)(b)

Commencement Information

I1S. 29 wholly in force at 30.6.2012; s. 29 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 29 in force so far as not already in force at 30.6.2012 by S.I. 2012/1682, art. 2(1)(2)(a), Sch. 1

30Transitional period for defined benefits and hybrid schemesE+W+S

(1)Subsection (3) applies if, in relation to a person who on the employer's first enrolment date is a jobholder to whom section 3 applies, the conditions in subsection (2) are satisfied, and continue to be satisfied during the transitional period for defined benefits and hybrid schemes.

(2)The conditions are that—

(a)the jobholder has been employed by the employer for a continuous period beginning before the employer's first enrolment date,

(b)at a time in that period before the employer's first enrolment date, the jobholder became entitled to become an active member of a defined benefits scheme or [F3a defined benefits member of a hybrid scheme] ,

(c)the jobholder is, and has always since that time been, entitled to become an active member of a defined benefits scheme or [F4a defined benefits member of a hybrid scheme] , and

(d)the scheme to which that entitlement relates is a qualifying scheme, and any scheme to which it has related on or after the employer's first enrolment date has been a qualifying scheme.

(3)[F5If by the end of the prescribed period the employer has given the jobholder notice that the employer intends to defer automatic enrolment until the end of the transitional period for defined benefits and hybrid schemes], section 3 has effect in relation to the jobholder with the substitution for subsection (2) of the following subsection—

(2)The employer must make prescribed arrangements by which the jobholder becomes

[F6(a) an active member, with effect from the end of the transitional period for defined benefits and hybrid schemes, of an automatic enrolment scheme which is a defined benefits scheme,][F7 or

(b) a defined benefits member, with effect from the end of that period, of an automatic enrolment scheme which is a hybrid scheme.] [F8A reference in this subsection to a scheme does not include a scheme to which section 30(11)(a) or (b) applies.]

(4)If [F9a notice is given under subsection (3) and at any later time] in the transitional period for defined benefits and hybrid schemes the condition in subsection (2)(c) or (d) of this section ceases to be satisfied, subsection (5) applies instead of subsection (3) (and the day after the last day on which that condition is satisfied is referred to as “the closure date”).

(5)Where this subsection applies, section 3 has effect in relation to the jobholder with the substitution for subsection (2) of the following subsection—

(2)The employer must make prescribed arrangements by which the jobholder either—

(a)becomes an active member, with effect from the closure date, of an automatic enrolment scheme which is a defined benefits scheme [F10other than a scheme to which section 30(11)(a) applies],

[F11(aa)becomes a defined benefits member, with effect from the closure date, of an automatic enrolment scheme which is a hybrid scheme, ] [F12other than a scheme to which section 30(11)(b) applies]

(b)becomes an active member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a money purchase scheme [F13or personal pension scheme].

[F14(c)becomes a money purchase member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a hybrid scheme,]

[F15(d)becomes an active member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a defined benefits scheme to which section 30(11)(a) applies, or

(e)becomes a defined benefits member , with effect from the automatic enrolment date, of an automatic enrolment scheme which is a hybrid scheme to which section 30(11)(b) applies.]

(6)If the jobholder becomes a member of a scheme under arrangements made under subsection (2)(b) of that section (as substituted by subsection (5))—

(a)the employer's contributions are payable with effect from the automatic enrolment date;

(b)any requirement of the scheme F16. . . for contributions to be payable by the jobholder does not apply in respect of the period of the jobholder's membership before the closure date;

(c)regulations made for the purposes of section 3(2)(b) must secure that the jobholder may pay, within a period prescribed by the regulations, any contributions which would have been payable by the jobholder but for paragraph (b) of this subsection.

(7)Where subsection (3) or (5) of this section [F17 applies—

(a)section] 3(3) and (4) apply as if references to the automatic enrolment date were references to the [F18day with effect from which] arrangements would by virtue of this section fall to be made in respect of the jobholder;

[F19(b)section 4 applies as if—

(i)the reference in subsection (1) to the employer's staging date were a reference to the employer's first enrolment date;

(ii)in that subsection, for “the workers's automatic enrolment date is the deferral date” there were substituted the day with effect from which arrangements fall to be made by virtue of section 30 in respect of the jobholder is changed to the deferral date;

(iii)in subsections (4) to (6), references to the starting day were references to the day with effect from which arrangements would by virtue of this section fall to be made in respect of the jobholder.]

[F20(c)section 5(2) does not apply in relation to an automatic re-enrolment date that falls before the day with effect from which arrangements would by virtue of this section fall to be made in respect of the jobholder.]

[F21(7A)The Secretary of State may by regulations make provision about the form and content of a notice under subsection (3).]

(8)The transitional period for defined benefits and hybrid schemes is a prescribed period beginning with the day on which section 3 comes into force.

(9)In this section, the “employer's first enrolment date” means the first day on which section 3 applies in the case of the employer (where that day falls within the transitional period for defined benefits and hybrid schemes).

[F22(10)For the purposes of this section—

(a)a person is a “money purchase member” of a hybrid scheme if—

(i)the person is an active member of the scheme, and

(ii)all the benefits accruing in respect of his or her membership are money purchase benefits, and

(b)a person is a “defined benefits member” of a hybrid scheme if the person is an active member of the scheme other than a money purchase member.]

[F23(11)In subsection (2) references to a scheme do not include—

(a)a defined benefits scheme that satisfies the quality requirement in relation to the jobholder by reason only of section 23A(1)(a), or

(b)a hybrid scheme if—

(i)the appropriate paragraph of section 24(1) for any provisions of the scheme is paragraph (b) (those provisions are referred to below as “the defined benefits section”),

(ii)the defined benefits section satisfies section 23A(1)(a) as applied by section 24(1)(b), and

(iii)the defined benefits section does not satisfy any of the other requirements mentioned in section 24(1)(b).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Words in s. 30(2)(b) substituted (11.9.2014) by Pensions Act 2014 (c. 19), ss. 40(2), 56(1); S.I. 2014/2377, art. 2(1)(a)(i)(2)(d)

F4Words in s. 30(2)(c) substituted (11.9.2014) by Pensions Act 2014 (c. 19), ss. 40(2), 56(1); S.I. 2014/2377, art. 2(1)(a)(i)(2)(d)

F5Words in s. 30(3) substituted (3.11.2011 for specified purposes otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. 14(2), 38(1)(4); S.I. 2012/1681, art. 2(1)(d)

F7Words in s. 30(3) substituted (11.9.2014) by Pensions Act 2014 (c. 19), ss. 40(3)(b), 56(1); S.I. 2014/2377, art. 2(1)(a)(i)(2)(d)

F8Words in s. 30(3) inserted (12.9.2014) by Pensions Act 2014 (c. 19), ss. 39(7), 56(1); S.I. 2014/2377, art. 2(1)(b)

F9Words in s. 30(4) substituted (3.11.2011 for specified purposes otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. 14(3), 38(1)(4); S.I. 2012/1681, art. 2(1)(d)

F10Words in s. 30(5)(a) inserted (12.9.2014) by Pensions Act 2014 (c. 19), ss. 39(8)(a), 56(1); S.I. 2014/2377, art. 2(1)(b)

F11Words in s. 30(5)(a) substituted (11.9.2014) by Pensions Act 2014 (c. 19), ss. 40(4)(a), 56(1); S.I. 2014/2377, art. 2(1)(a)(i)(2)(d)

F12Words in s. 30(5)(aa) inserted (12.9.2014) by Pensions Act 2014 (c. 19), ss. 39(8)(b), 56(1); S.I. 2014/2377, art. 2(1)(b)

F13Words in s. 30(5) inserted (3.11.2011 for specified purposes otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. 15(2), 38(1)(4); S.I. 2012/1681, art. 2(1)(e)

F16Words in s. 30(6)(b) omitted (3.11.2011 for specified purposes otherwise 30.6.2012) by virtue of Pensions Act 2011 (c. 19), ss. 15(3), 38(1)(4); S.I. 2012/1681, art. 2(1)(e)

F17Words in s. 30(7) substituted (3.11.2011 for specified purposes otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. 6(6)(a), 38(1)(4); S.I. 2012/1681, art. 2(1)(b)

F18Words in s. 30(7) substituted (3.11.2011 for specified purposes otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. 6(6)(b), 38(1)(4); S.I. 2012/1681, art. 2(1)(b)

F19S. 30(7)(b) inserted (3.11.2011 for specified purposes otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. 6(6)(c), 38(1)(4); S.I. 2012/1681, art. 2(1)(b)

F21S. 30(7A) inserted (3.11.2011 for specified purposes otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. 14(4), 38(1)(4); S.I. 2012/1681, art. 2(1)(d)

Modifications etc. (not altering text)

C1S. 30(5)-(7) applied (with modifications) (conditional) (11.9.2014) by Pensions Act 2014 (c. 19), ss. 40(7), 56(1); S.I. 2014/2377, art. 2(1)(a)(i)(2)(d)

Commencement Information

I2S. 30 wholly in force at 30.6.2012; s. 30 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 30 in force so far as not already in force at 30.6.2012 by S.I. 2012/1682, art. 2(1)(2)(a), Sch. 1

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources