C1C2 PART IISTAKEHOLDER PENSION SCHEMES

Annotations:
Modifications etc. (not altering text)
C2

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the employee made a request under paragraph (5) before the relevant date and that request has not been withdrawn;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.

F32

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F33

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F34

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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).

F86

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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,

F11ii

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F12iii

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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—

  • “employer” means any employer, whether or not resident or incorporated in any part of the United Kingdom;

  • F14...

  • “regulations” means regulations made by the Department;

  • F13relevant date” means the date on which section 69 of the Pensions (No. 2) Act (Northern Ireland) 2008 comes into operation.

  • F15...