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Part 1 U.K.Pension scheme membership for jobholders

Modifications etc. (not altering text)

C1Pt. 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 1E+W+SEmployers' duties

Employers' dutiesE+W+S

2Continuity of scheme membershipE+W+S

(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).

Commencement Information

I1S. 2 wholly in force at 30.6.2012; s. 2 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 2 in force so far as not already in force at 30.6.2012 by S.I. 2012/1682, art. 2(1)(2)(a), Sch. 1