PART 3Scheme membership

CHAPTER 3Pensionable service

SECTION 3Pensionable service on or after automatic enrolment date

Opting into this scheme after automatic enrolment date29.

(1)

A person (P) opts into this scheme in relation to service in an eligible employment if P opts to become an active member of this scheme in relation to service in that employment.

(2)

P may by only exercise the option by written notice to the Department in a form required by it (“opt-in notice”).

(3)

P may opt into this scheme in relation to service in an employment if—

(a)

the employment is mentioned in Part 2 of Schedule 1, and P has previously opted out of this scheme in relation to service in that employment; or

(b)

the employment is mentioned in Part 3 of Schedule 1, and P's employer has consented to P opting into this scheme.

(4)

For an employment mentioned in Part 2 of Schedule 1, an opt-in notice has effect—

(a)

if the Department receives the opt-in notice not later than 3 months after P enters the employment, from the first day of the employment; or

(b)

if sub-paragraph (a) does not apply, from the first day of the month after the month in which the Department receives the opt-in notice.

(5)

For an employment mentioned in Part 3 of Schedule 1—

(a)

if the Department receives both the opt-in notice and P's employer's written consent to the exercise of the option not later than 3 months after P enters the employment, the opt-in notice has effect from the first day of the employment;

(b)

if sub-paragraph (a) does not apply, the opt-in notice has effect from the later of—

(i)

the first day if the month after the month in which the Department receives the opt-in notice, and

(ii)

the first day of the month after the month in which the Department receives P's employer's written consent to the exercise of the option.

(6)

An opt-in notice ceases to have effect from the date on which a subsequent opt-out notice has effect.