C1C2 PART IISTAKEHOLDER PENSION SCHEMES
Pt. II (arts. 3-9) power to modify conferred (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 115(2)(c), 118(2)(g)
Duty of employers to facilitate access to stakeholder pension schemes5
1
Except in so far as regulations otherwise provide, it shall be the duty of an employer of relevant employees to comply with F1the requirement in paragraph (5) .
F21A
A relevant employee, in relation to an employer, is an employee of the employer who, on the relevant date, satisfies the conditions in paragraph (1B).
1B
The conditions are that—
a
the employee is a member of a stakeholder pension scheme;
b
the employee made a request under paragraph (5) before the relevant date and that request has not been withdrawn;
c
the employee pays contributions (which are deducted in accordance with that request) to the scheme at regular intervals;
d
at least one deduction has been made before the relevant date in accordance with that request.
1C
A person ceases to be a relevant employee—
a
on ceasing to be employed by the employer;
b
on withdrawing a request under paragraph (5);
c
on ceasing to pay contributions at regular intervals.
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5
The F4... requirement is that, subject to such exceptions and qualifications as may be prescribed, the employer shall, if he is requested to do so by a relevant employee F5...—
a
deduct the employee's contributions to the F6stakeholder pension scheme from his remuneration; and
b
pay them to the trustees or managers of the scheme or, if regulations so provide, to a prescribed person.
F75A
That requirement only applies in relation to a request to make deductions made before the relevant date (whether or not that request is varied after that date).
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7
Article 10 of the Pensions Order (civil penalties) applies to an employer who fails to comply with F9the requirement set out above.
8
An employer is not, F10while subject to the requirement in paragraph (5) , under any duty—
a
to make any enquiries, or act on any information, about the scheme for any purpose not connected with—
i
ascertaining whether the scheme is for the time being registered under Article 4,
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b
in particular, to investigate or monitor, or make any judgment as to, the past, present or future performance of the scheme.
9
In this Article—
Pt. II (arts. 3-9) power to modify conferred (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 294(d); S.R. 2006/95, art. 2(c), Sch. Pt. 3