Part 1

Pension scheme membership for jobholders
Chapter 1

Employers' duties

Duty in relation to workers without qualifying earnings

Workers without qualifying earnings
9
1
This section applies to a worker—
a
to whom paragraphs (a) and (b) of section 1(1) apply (working in Great Britain and aged between 16 and 75),
b
to whom paragraph (c) of section 1(1) does not apply (qualifying earnings), and
c
who is not an active member of a pension scheme that satisfies the requirements of this section.
2
The worker may by notice require the employer to arrange for the worker to become an active member of a pension scheme that satisfies the requirements of this section.
3
The Secretary of State may by regulations make provision—
a
about the form and content of the notice;
b
about the arrangements that the employer is required to make;
c
for determining the date with effect from which the worker is (subject to compliance with any requirements of the scheme) to become an active member under the arrangements.
4
Subsections (5) and (6) apply where a worker becomes an active member of a pension scheme in pursuance of a notice under this section and, within the period of 12 months beginning with the day on which that notice was given—
a
ceases to be an active member of that scheme because of any action or omission by the worker, and
b
gives the employer a further notice under this section.
5
The further notice does not have effect to require the employer to arrange for the worker to become an active member of a pension scheme.
6
But any arrangements the employer makes for the worker to become, within that period, an active member of a pension scheme that satisfies the requirements of this section must be made in accordance with regulations under this section.
7
A pension scheme satisfies the requirements of this section if—
a
it is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12), and
b
in the case of a personal pension scheme, there are, in relation to the worker concerned, direct payment arrangements (within the meaning of section 111A of the Pension Schemes Act 1993 (c. 48)) between the worker and the employer.
S. 9 wholly in force at 30.6.2012; s. 9 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 9 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
S. 9(2): Power to exclude conferred (3.11.2011) by Pensions Act 2004 (c. 35), s. 292A (as inserted by Pensions Act 2011 (c. 19), ss. 18, 38(1))
S. 9(2) excluded (2.7.2012) by The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 (S.I. 2010/772), regs. 1(1) (as amended by S.I. 2012/1257, reg. 3(b)) and 5A (as inserted by S.I. 2012/1477, regs. 1, 2)
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)
S. 9(2) modified by S.I. 2010/772, reg. 5B (as inserted (1.4.2015) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2015 (S.I. 2015/501), regs. 1, 5)
S. 9 excluded by S.I. 2010/772, reg. 5E (as inserted (1.4.2015) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2015 (S.I. 2015/501), regs. 1, 5)