C2Part 1Pension scheme membership for jobholders
Chapter 1Employers' duties
Qualifying schemes and automatic enrolment schemes
I116Qualifying schemes
1
A pension scheme is a qualifying scheme in relation to a jobholder (J) if—
a
the scheme is an occupational pension scheme or a personal pension scheme,
C1b
the scheme is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12), and
c
while J is an active member, the scheme satisfies the quality requirement in relation to J.
2
The Secretary of State may by regulations provide that subsection (1)(b) does not apply in relation to a scheme to which section 25 or 27 applies, if prescribed requirements are satisfied.
3
The Secretary of State may by regulations provide that a scheme is not a qualifying scheme in relation to J if—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
while J is an active member, the contributions that must be paid to the scheme by, or on behalf or in respect of, J exceed a prescribed amount, or
c
the scheme provides for average salary benefits to be provided to or in respect of J and contains prescribed features.
F13A
See also paragraphs 1(4) and 2(4) of Schedule 18 to the Pensions Act 2014, which confer power to make regulations providing for a scheme not to be a qualifying scheme in relation to a jobholder in certain circumstances.
F54
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F55
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I217Automatic enrolment schemes
1
A pension scheme is an automatic enrolment scheme in relation to a jobholder (J) if—
a
it is a qualifying scheme in relation to J,
b
it satisfies the conditions in subsection (2), and
c
it satisfies any further conditions prescribed.
2
The conditions mentioned in subsection (1)(b) are that—
a
no provision of the scheme prevents the employer from making arrangements prescribed by regulations under section 3(2), 5(2) or 7(4) for J to become an active member of the scheme;
b
no provision of the scheme requires J to express a choice in relation to any matter, or to provide any information, in order to remain an active member.
I318Occupational pension schemes
For the purposes of this Part, each of these is an occupational pension scheme—
a
an occupational pension scheme within the meaning of section 1(1) of the Pension Schemes Act 1993 (c. 48) that has its main administration in the United Kingdom;
F6b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a pension scheme that is prescribed or is of a prescribed description and that has its main administration elsewhere than in F7the United Kingdom.
19Personal pension schemes
For the purposes of this Part, a personal pension scheme is a pension scheme that is not an occupational pension scheme.
Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)