PART 1

PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS
CHAPTER 1

EMPLOYERS' DUTIES

Employers' duties

Continuity of scheme membership
2
1
If a jobholder is an active member of a qualifying scheme, the employer must not take any action, or make any omission, by which (without the jobholder ceasing to be employed by the employer)—
a
the jobholder ceases to be an active member of the scheme, or
b
the scheme ceases to be a qualifying scheme.
2
Subsection (1) is not contravened if the jobholder remains an active member of another qualifying scheme.
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).
4
Subsection (1) is not contravened if the action or omission is at the jobholder's request.
5
In this Part as it applies in the case of any jobholder, references to a qualifying scheme are references to a pension scheme which is a qualifying scheme in relation to that jobholder (see section 16).
S. 2 partly in force; s. 2 in force for certain purposes at Royal Assent see s. 118(2)
S. 2(1): power to exclude conferred by SI 2005/255 (N.I. 1), art. 268A (as inserted (2.6.2012 for specified purposes) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 19, 34(1)(3))
S. 2(3) substituted (2.6.2012 for specified purposes, 30.6.2012 in so far as not already in operation) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 5(1), 34(1)(3); S.R. 2012/265, art. 2(1)(a)
S. 2 in operation at 30.6.2012 in so far as not already in operation by S.R. 2012/266, art. 2, Sch. Pt. 1
Pt. 1 applied (with modifications) (1.7.2012) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), arts. 1(1), 2 (with art. 5)