PART 3Scheme membership
CHAPTER 3Pensionable service
SECTION 3Pensionable service on or after automatic enrolment date
Opting out of this scheme after automatic enrolment date28.
(1)
A person (P) opts out of this scheme in relation to service in an eligible employment if P opts not to be an active member of this scheme in relation to that service.
(2)
P may only exercise the option by written notice to the Department in a form required by it (“opt-out notice”).
(3)
An opt-out notice has effect as follows—
(a)
if the Department receives the opt-out notice within 3 months after P enters the employment, from the first day of the employment;
(b)
if sub-paragraph (a) does not apply and the Department receives the opt-out notice within 3 months after P's automatic enrolment date for the employment, from P's automatic enrolment date;
(c)
if neither sub-paragraph (a) nor (b) applies and the Department receives the opt-out notice within 3 months after P's automatic re-enrolment date, from P's automatic re-enrolment date;
(d)
otherwise, from the first day of the month after the month in which the Department receives the opt-out notice.
(4)
An opt-out notice ceases to have effect from the earlier of—
(a)
the date on which a subsequent opt–in notice has effect in relation to service in that employment; and
(b)
P's automatic re-enrolment date for that employment.