Part 1Pension scheme membership for jobholders

Chapter 1Employers' duties

Qualifying schemes and automatic enrolment schemes

16Qualifying 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,

(b)

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—

F1(a)

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F2(aa)

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F3(ab)

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(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.

F4(3A)

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.

F5(4)

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F5(5)

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