I2Part 2Automatic enrolment
I1I34Automatic re-enrolment where scheme membership interrupted
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)
Pt. 2 (ss. 4-18) partly in force; Pt. 2 (ss. 4-18) in force at 3.11.2011 in so far as it confers power to make subordinate legislation see s. 38(1).