C1Part 1Pension scheme membership for jobholders

Annotations:
Modifications etc. (not altering text)
C1

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)

Chapter 1Employers' duties

Employers' duties

I12Continuity of scheme membership

1

If a jobholder is an active member of a qualifying scheme, the employer must not take any action, or make any omission, by which (without the jobholder ceasing to be employed by the employer)—

a

the jobholder ceases to be an active member of the scheme, or

b

the scheme ceases to be a qualifying scheme.

2

Subsection (1) is not contravened if the jobholder remains an active member of another qualifying scheme.

3

Subsection (1) is not contravened if the jobholder becomes an active member of another qualifying scheme within the prescribed period.

4

Subsection (1) is not contravened if the action or omission is at the jobholder's request.

5

In this Part as it applies in the case of any jobholder, references to a qualifying scheme are references to a pension scheme which is a qualifying scheme in relation to that jobholder (see section 16).