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The Teachers’ Pension Scheme Regulations 2014

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This is the original version (as it was originally made).

SECTION 3Pensionable service on or after automatic enrolment date

Pensionable service on or after automatic enrolment date

27.—(1) This Section applies in relation to a person (P) who—

(a)is eligible to be an active member of this scheme; and

(b)is in an eligible employment on or after P’s automatic enrolment date for that employment.

(2) P is in pensionable service in relation to that employment if—

(a)the employment is mentioned in Part 2 of Schedule 1 and an opt-out notice under this Section does not have effect in relation to service in that employment;

(b)the employment is mentioned in Part 3 or 4 of Schedule 1 and—

(i)P’s employer has made arrangements for P to be an active member of this scheme in relation to service in that employment; and

(ii)an opt-out notice under this Section does not have effect in relation to service in that employment; or

(c)the employment is mentioned in Part 3 or 4 of Schedule 1 and—

(i)immediately before P’s automatic enrolment date for that employment, an opt-in notice under Section 4 had effect in relation to service in that employment; and

(ii)an opt-out notice under this Section does not have effect in relation to service in that employment.

Opting out of this scheme after automatic enrolment date

28.—(1) A person (P) opts out of this scheme in relation to service in an eligible employment if P opts not to be an active member of this scheme in relation to that service.

(2) P may only exercise the option by written notice to the scheme manager in a form required by the scheme manager (“opt-out notice”).

(3) An opt-out notice has effect as follows—

(a)if the scheme manager receives the opt-out notice within 3 months after P enters the employment, from the first day of the employment;

(b)if sub-paragraph (a) does not apply and the scheme manager receives the opt-out notice within 3 months after P’s automatic enrolment date for the employment, from P’s automatic enrolment date;

(c)if neither sub-paragraph (a) nor (b) applies and the scheme manager receives the opt-out notice within 3 months after P’s automatic re-enrolment date, from P’s automatic re-enrolment date;

(d)otherwise, from the first day of the month after the month in which the scheme manager receives the opt-out notice.

(4) An opt-out notice ceases to have effect from the earliest of—

(a)the date on which a subsequent opt-in notice has effect in relation to service in that employment,

(b)P’s automatic re-enrolment date for that employment, and

(c)if P is subject to a Fair Deal transfer in relation to service in that employment, the Fair Deal transfer date.

Opting into this scheme after automatic enrolment date

29.—(1) A person (P) opts into this scheme in relation to service in an eligible employment if P opts to become an active member of this scheme in relation to service in that employment.

(2) P may only exercise the option by written notice to the scheme manager in a form required by the scheme manager (“opt-in notice”).

(3) P may opt into this scheme in relation to service in an employment if—

(a)the employment is mentioned in Part 2 of Schedule 1, and P has previously opted out of this scheme in relation to service in that employment; or

(b)the employment is mentioned in Part 3 or 4 of Schedule 1, and P’s employer has consented to P opting into this scheme.

(4) For an employment mentioned in Part 2 of Schedule 1, an opt-in notice has effect—

(a)if the scheme manager receives the opt-in notice not later than 3 months after P enters the employment, from the first day of the employment; or

(b)if sub-paragraph (a) does not apply, from the first day of the month after the month in which the scheme manager receives the opt-in notice.

(5) For an employment mentioned in Part 3 or 4 of Schedule 1—

(a)if the scheme manager receives both the opt-in notice and P’s employer’s written consent to the exercise of the option not later than 3 months after P enters the employment, the opt-in notice has effect from the first day of the employment;

(b)if sub-paragraph (a) does not apply, the opt-in notice has effect from the later of—

(i)the first day of the month after the month in which the scheme manager receives the opt-in notice, and

(ii)the first day of the month after the month in which the scheme manager receives P’s employer’s written consent to the exercise of the option.

(6) An opt-in notice ceases to have effect from the date on which a subsequent opt-out notice has effect.

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