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.
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.
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.