PART 3 N.I.Scheme membership

CHAPTER 3N.I.Pensionable service

SECTION 3N.I.Pensionable service on or after automatic enrolment date

Opting out of this scheme after automatic enrolment dateN.I.

28.—(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.