PART 1

PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS
CHAPTER 1

EMPLOYERS' DUTIES

Employers' duties

Automatic enrolment
3
1
This section applies to a jobholder—
a
who is aged at least 22,
b
who has not reached pensionable age, and
c
to whom earnings of more than
£10,000
are payable by the employer in the relevant pay reference period (see section 15).
2
The employer must make prescribed arrangements by which the jobholder becomes an active member of an automatic enrolment scheme with effect from the automatic enrolment date.
3
Subsection (2) does not apply if the jobholder was an active member of a qualifying scheme on the automatic enrolment date.
4
Subsection (2) does not apply if, within the prescribed period before the automatic enrolment date, the jobholder ceased to be an active member of a qualifying scheme because of any action or omission by the jobholder.
5
For the purposes of arrangements under subsection (2) regulations may require information to be provided to any person by the employer or—
a
where the arrangements relate to an occupational pension scheme, the trustees or managers of the scheme;
b
where the arrangements relate to a personal pension scheme, the provider of the scheme.
6
For the purposes of arrangements made under subsection (2) in relation to a personal pension scheme, regulations may deem an agreement to exist (subject to section 8) between the jobholder and the provider of the scheme for the jobholder to be an active member of the scheme on terms and conditions determined in accordance with the regulations.
6A
In this section “
earnings
” has the meaning given in section 13(3).
6B
In the case of a pay reference period of less or more than 12 months, subsection (1) applies as if the amount in paragraph (c) were proportionately less or more.
7
The automatic enrolment date, in relation to any person, is the first day on which this section applies to the person as a jobholder of the employer.This is subject to section 4.
8
In this Part as it applies in the case of any jobholder, references to an automatic enrolment scheme are references to a pension scheme which is an automatic enrolment scheme in relation to that jobholder (see section 17).
S. 3 partly in force; s. 3 in force for certain purposes at Royal Assent see s. 118(2)
S. 3(2): power to exclude conferred by S.I. 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))
Words in s. 3(7) added (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. 7(1), 34(1)(3); S.R. 2012/265, art. 2(1)(b)
S. 3 in operation at 30.6.2012 in so far as not already in operation by S.R. 2012/266, art. 2, Sch. Pt. 1
S. 3(1) substituted (30.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 6(1), 34(3); S.R. 2012/265, art. 2(2)(a)
S. 3(6A)(6B) inserted (30.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 6(2), 34(3); S.R. 2012/265, art. 2(2)(a)
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)
Sum in s. 3(1)(c) substituted (6.4.2014) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order (Northern Ireland) 2014 (S.R. 2014/81), arts. 1(1), 2(1)
S. 3(6B) modified (6.4.2018) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order (Northern Ireland) 2018 (S.R. 2018/52), arts. 1(1), 3
S. 3(6B) modified (6.4.2019) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order (Northern Ireland) 2019 (S.R. 2019/30), arts. 1(1), 3
S. 3(6B) modified (6.4.2020) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order (Northern Ireland) 2020 (S.R. 2020/51), arts. 1(1), 3
S. 3(6B) modified (6.4.2021) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order (Northern Ireland) 2021 (S.R. 2021/66), arts. 1(1), 3