PART 3Scheme membership
CHAPTER 3Pensionable service
SECTION 3Pensionable service on or after automatic enrolment date
Pensionable service on or after automatic enrolment date27
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 date28
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 date29
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.