Pensions Act 2008 (c. 30)

Part 1 U.K. Pension scheme membership for jobholders

Modifications etc. (not altering text)

C1 Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)

Chapter 1 E+W+S Employers' duties

Miscellaneous E+W+S

31 Effect of freezing order or assessment period E+W+S

(1) Where a jobholder is an active member of a qualifying scheme and a freezing event occurs in relation to the scheme, the jobholder does not, for the purposes of this Chapter, cease to be an active member of the scheme, and the scheme does not, for those purposes, cease to be a qualifying scheme, by virtue of any relevant provision.

(2) Where a worker is an active member of a scheme that satisfies the requirements of section 9 and a freezing event occurs in relation to the scheme, the worker does not, for the purposes of section 9(1)(c), cease to be an active member of the scheme by virtue of any relevant provision.

(3) In this section—

• “freezing event” in relation to a scheme means—

  (a)

  the making of a freezing order under section 23 of the Pensions Act 2004 (c. 35) in relation to the scheme, or

  (b)

  the beginning of an assessment period within the meaning of section 132 of that Act in relation to the scheme;

• “relevant provision” means—

  (a)

  in relation to a freezing order, provision contained in the order, or the provision made with respect to the order by section 23 of the Pensions Act 2004;

  (b)

  in relation to an assessment period, the provision made with respect to the period by section 133 of that Act.