- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Pensions Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
(1)In section 2 (continuity of scheme membership) of the Pensions Act 2008 (“the 2008 Act”) for subsection (3) substitute—
“(3)Subsection (1) is not contravened if by virtue of section 5 the jobholder becomes an active member of an automatic enrolment scheme with effect from—
“(a)the day after the cessation referred to in paragraph (a) or (b) of subsection (1), or
(b)a day within the prescribed period (if a period is prescribed).””
(2)In section 5 of the 2008 Act (automatic re-enrolment) after subsection (1) insert—
“(1A)This section also applies to a jobholder who—
(a)is aged at least 22,
(b)has not reached pensionable age, and
(c)is not an active member of a qualifying scheme because there has been a period beginning at any time after the jobholder's automatic enrolment date during which the requirements of section 1(1)(a) or (c) were not met (so that the person was not a jobholder for that period).
(1B)This section also applies to a jobholder who has ceased to be an active member of a qualifying scheme because of something other than an action or omission by the jobholder.”
(3)For subsection (4) of that section substitute—
“(4)Regulations may provide for subsection (2) not to apply in relation to a jobholder who in prescribed circumstances—
(a)has ceased to be an active member of a qualifying scheme because of any action or omission by the jobholder, or by the employer at the jobholder's request, or
(b)is treated as not being an active member of a qualifying scheme because the jobholder has given notice under section 8.”
(4)In subsection (8) of that section omit “, after the automatic enrolment date,”.
(5)In section 6 of the 2008 Act (timing of automatic re-enrolment) in subsection (4)—
(a)in paragraph (a) omit “at any time after the jobholder's automatic enrolment date,”;
(b)in that paragraph omit “or a qualifying scheme of which the jobholder is an active member ceases to be such a scheme”;
(c)in paragraph (b) omit “or the employer”;
(d)in paragraph (c) for “time” substitute “ event ”.
(6)In section 54 of the 2008 Act (inducements)—
(a)in subsection (1)(a) for “within the period prescribed under section 2(3)” substitute “with effect from—
(i)the day after the membership is given up, or
(ii)a day within the prescribed period (if a period is prescribed)”;
(b)in subsection (1)(b) for “within the period prescribed under section 2(3)” substitute “with effect from—
(i)the day on which the jobholder became an active member of the scheme to which the notice relates, or
(ii)a day within the prescribed period (if a period is prescribed)”.
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: