C20Part 1Pension scheme membership for jobholders
Chapter 1Employers' duties
Jobholders
1Jobholders
1
For the purposes of this Part a jobholder is a worker—
a
who is working or ordinarily works in Great Britain under the worker's contract,
b
who is aged at least 16 and under 75, and
c
to whom qualifying earnings are payable by the employer in the relevant pay reference period (see sections 13 and 15).
2
Where a jobholder has more than one employer, or a succession of employers, this Chapter applies separately in relation to each employment.
3
Accordingly—
a
references to the employer are references to the employer concerned;
b
references to membership of a pension scheme are references to membership in relation to the employment concerned.
Employers' duties
I12Continuity of scheme membership
C1C21
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.
F13
Subsection (1) is not contravened if by virtue of section 5 the jobholder becomes an active member of an automatic enrolment scheme with effect from—
a
the day after the cessation referred to in paragraph (a) or (b) of subsection (1), or
b
a day within the prescribed period (if a period is prescribed).
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).
I2C483Automatic enrolment
F21
This section applies to a jobholder—
a
who is aged at least 22,
b
who has not reached pensionable age, and
c
to whom earnings of more than F51£10,000 are payable by the employer in the relevant pay reference period (see section 15).
C3C4C28C372
The employer must make prescribed arrangements by which the jobholder becomes an active member of an automatic enrolment scheme with effect from the automatic enrolment date.
3
Subsection (2) does not apply if the jobholder was an active member of a qualifying scheme on the automatic enrolment date.
4
Subsection (2) does not apply if, within the prescribed period before the automatic enrolment date, the jobholder ceased to be an active member of a qualifying scheme because of any action or omission by the jobholder.
5
For the purposes of arrangements under subsection (2) regulations may require information to be provided to any person by the employer or—
a
where the arrangements relate to an occupational pension scheme, the trustees or managers of the scheme;
b
where the arrangements relate to a personal pension scheme, the provider of the scheme.
6
For the purposes of arrangements made under subsection (2) in relation to a personal pension scheme, regulations may deem an agreement to exist (subject to section 8) between the jobholder and the provider of the scheme for the jobholder to be an active member of the scheme on terms and conditions determined in accordance with the regulations.
F36A
In this section “ earnings ” has the meaning given in section 13(3).
C5C21C24C34C39C42C45C516B
In the case of a pay reference period of less or more than 12 months, subsection (1) applies as if the amount in paragraph (c) were proportionately less or more.
7
The automatic enrolment date, in relation to any person, is the first day on which this section applies to the person as a jobholder of the employer. F4This is subject to section 4.
8
In this Part as it applies in the case of any jobholder, references to an automatic enrolment scheme are references to a pension scheme which is an automatic enrolment scheme in relation to that jobholder (see section 17).
I34F5Postponement or disapplication of automatic enrolment
1
Where—
a
an employer (E) gives to a person employed by E on E's staging date (“the worker”) notice that E intends to defer automatic enrolment for the worker until a date specified in the notice (“the deferral date”), and
b
any prescribed requirements in relation to the notice are met,
the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies.
2
Where—
a
a person (“the worker”) begins to be employed by an employer (E) after E's staging date,
b
E gives the worker notice that E intends to defer automatic enrolment until a date specified in the notice (“the deferral date”), and
c
any prescribed requirements in relation to the notice are met,
the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies.
3
Where—
a
a person (“the worker”) employed by an employer (E) becomes, after E's staging date, a jobholder to whom section 3 applies,
b
E gives the worker notice that E intends to defer automatic enrolment until a date specified in the notice (“the deferral date”), and
c
any prescribed requirements in relation to the notice are met,
the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies.
4
Where this subsection applies, section 3(2) does not apply in relation to any employment of the worker by E in the period beginning with the starting day and ending with the deferral date.
5
A notice under this section may be given on or before the starting day or within a prescribed period after that day.
6
The deferral date may be any date in the period of three months after the starting day.
7
An employer who gives a worker a notice under subsection (1) or (2) may not give the worker a notice under subsection (3) in relation to any occasion on or before the deferral date specified in the notice on which the worker becomes a jobholder to whom section 3 applies.
8
In this section—
“ staging date ”, in relation to an employer of a particular description, means the date prescribed under section 12 in relation to employers of that description;
“ starting day ” means—
- a
E's staging date, in the case of a notice under subsection (1);
- b
the day on which the worker begins to be employed by E, in the case of a notice under subsection (2);
- c
the day on which the worker becomes a jobholder to whom section 3 applies, in the case of a notice under subsection (3).
- a
I4C495Automatic re-enrolment
F61
This section applies to a jobholder—
a
who is aged at least 22,
b
who has not reached pensionable age, and
c
to whom earnings of more than F52£10,000 are payable by the employer in the relevant pay reference period (see section 15).
F71A
This section also applies to a jobholder who—
a
is aged at least 22,
b
has not reached pensionable age, and
c
is not an active member of a qualifying scheme because there has been a period beginning at any time after the jobholder's automatic enrolment date during which the requirements of section 1(1)(a) or (c) were not met (so that the person was not a jobholder for that period).
1B
This section also applies to a jobholder who has ceased to be an active member of a qualifying scheme because of something other than an action or omission by the jobholder.
C6C7C8C29C382
The employer must make prescribed arrangements by which the jobholder becomes an active member of an automatic enrolment scheme with effect from the automatic re-enrolment date.
3
Subsection (2) does not apply if the jobholder was an active member of a qualifying scheme on the automatic re-enrolment date.
F703A
Subsection (2) does not apply if the jobholder's automatic enrolment date is deferred under section 4 from a date before the automatic re-enrolment date to a date after the automatic re-enrolment date.
F714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
For the purposes of arrangements under subsection (2) regulations may require information to be provided to any person by the employer or—
a
where the arrangements relate to an occupational pension scheme, the trustees or managers of the scheme;
b
where the arrangements relate to a personal pension scheme, the provider of the scheme.
7
For the purposes of arrangements made under subsection (2) in relation to a personal pension scheme, regulations may deem an agreement to exist (subject to section 8) between the jobholder and the provider of the scheme for the jobholder to be an active member of the scheme on terms and conditions determined in accordance with the regulations.
F97A
In this section “ earnings ” has the meaning given in section 13(3).
C9C22C25C35C40C43C46C527B
In the case of a pay reference period of less or more than 12 months, subsection (1) applies as if the amount in paragraph (c) were proportionately less or more.
8
Automatic re-enrolment dates are dates F10. . . that are to be determined in accordance with regulations.
I56Timing of automatic re-enrolment
1
Regulations under section 5(8) must either—
a
secure that for any jobholder there is no automatic re-enrolment date less than three years after the jobholder's automatic enrolment date, and that there is not more than one automatic re-enrolment date in any period of three years, or
2
Subsection (1) does not restrict the provision that regulations may make about the timing of a jobholder's automatic re-enrolment date (“the relevant date”) in the following cases.
3
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The F13first case is where—
b
that event is not the effect of any action or omission by the jobholder F16. . . , and
c
the relevant date is the jobholder's first automatic re-enrolment date after that F17event.
5
The F18second case is where—
a
there is a period beginning at any time after the jobholder's automatic enrolment date during which the requirements of section 1(1)(a) or (c) are not met (so that the person is not a jobholder for that period), and
b
the relevant date is the jobholder's first automatic re-enrolment date after that period.
6
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6C327Jobholder's right to opt in
1
This section applies to a jobholder who is not an active member of a qualifying scheme.
2
But it does not apply at a time when—
a
arrangements are required to be made under section 3 or 5 in respect of the jobholder, F19. . .
b
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C10C11C303
The jobholder may by notice require the employer to arrange for the jobholder to become an active member of an automatic enrolment scheme.
4
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 jobholder is to become an active member under the arrangements.
5
For the purposes of arrangements under subsection (3) regulations may require information to be provided to any person by the employer or—
a
where the arrangements relate to an occupational pension scheme, the trustees or managers of the scheme;
b
where the arrangements relate to a personal pension scheme, the provider of the scheme.
6
For the purposes of arrangements made under subsection (3) in relation to a personal pension scheme, regulations may deem an agreement to exist (subject to section 8) between the jobholder and the provider of the scheme for the jobholder to be an active member of the scheme on terms and conditions determined in accordance with the regulations.
7
Subsections (8) and (9) apply where a jobholder becomes an active member of an automatic enrolment 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, and
b
gives the employer a further notice under this section.
8
The further notice does not have effect to require the employer to arrange for the jobholder to become an active member of an automatic enrolment scheme.
9
But any arrangements the employer makes for the jobholder to become, within that period, an active member of such a scheme must be made in accordance with regulations under this section.
I78Jobholder's right to opt out
1
This section applies on any occasion when arrangements under section 3(2), 5(2) or 7(3) apply to a jobholder (arrangements for the jobholder to become an active member of an automatic enrolment scheme).
2
If the jobholder gives notice under this section—
a
the jobholder is to be treated for all purposes as not having become an active member of the scheme on that occasion;
b
any contributions paid by the jobholder, or by the employer on behalf or in respect of the jobholder, on the basis that the jobholder has become an active member of the scheme on that occasion must be refunded in accordance with prescribed requirements.
3
Regulations under subsection (2)(b) may, in particular, make provision about—
a
the time within which contributions must be refunded;
b
how the amount to be refunded is calculated;
c
the procedure for refunding contributions.
4
The Secretary of State may by regulations make further provision in relation to notices under this section.
5
The regulations may in particular make provision—
a
as to the form and content of a notice;
b
as to the period within which a notice must be given;
c
as to the person to whom a notice must be given;
d
requiring any person to make prescribed arrangements for enabling notices to be given;
e
requiring any person to take prescribed action in consequence of a notice (in addition to any action prescribed under subsection (2)(b)).
6
The regulations must provide for the notice—
a
to include information about the effect in relation to jobholders of giving notice under this section, and
b
to be signed or otherwise authorised by the jobholder.
Duty in relation to workers without qualifying earnings
I8C339Workers without qualifying earnings
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.
C12C13C312
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.
Supplementary provision about the duties
I910Information to be given to workers
1
The Secretary of State F53may make provision by regulations—
a
for F54... jobholders to be given information about the effect of sections 2 to 8 in relation to them;
b
for F56... workers to whom section 9 applies to be given information about the effect of that section in relation to them;
c
for a prescribed person to be required to provide the information.
2
Regulations under this section F55may in particular make provision about —
a
what information must be given;
b
in what circumstances it must be given;
c
how and when it must be given.
I1011Information to be given to the Pensions Regulator
1
The Secretary of State may make regulations requiring employers to provide the Pensions Regulator (“the Regulator”) with information about action they have taken or intend to take for the purposes of any provision of, or of regulations under, sections 2 to 10.
2
The regulations may in particular—
a
require an employer to provide information about pension schemes to which any action relates;
b
require an employer to identify which of any prescribed descriptions a scheme falls within;
c
require an employer to provide information that appears to the Secretary of State to be required for the performance by the Regulator of its functions under Chapter 2 of this Part;
d
make provision about how and in what form any information is to be provided.
I1112Introduction of employers' duties
The Secretary of State may by regulations provide that sections 2 to 9 do not apply in the case of an employer of any description until such date after the commencement of those sections as is prescribed in relation to employers of that description.
F21Qualifying earnings and earnings trigger
Cross-heading preceding s. 13 substituted (3.11.2011 for specified purposes otherwise 3.1.2012) by Pensions Act 2011 (c. 19), ss. 8(2), 38(1)(4); S.I. 2011/3034, art. 3(a)
I12C5013Qualifying earnings
1
A person's qualifying earnings in a pay reference period of 12 months are the part (if any) of the gross earnings payable to that person in that period that is—
a
more than F93£6,240, and
b
not more than F96£50,270.
C14C23C26C36C41C44C47C532
In the case of a pay reference period of less or more than 12 months, subsection (1) applies as if the amounts in paragraphs (a) and (b) were proportionately less or more.
3
In this section, “earnings”, in relation to a person, means sums of any of the following descriptions that are payable to the person in connection with the person's employment—
a
salary, wages, commission, bonuses and overtime;
b
statutory sick pay under Part 11 of the Social Security Contributions and Benefits Act 1992 (c. 4);
c
statutory maternity pay under Part 12 of that Act;
d
F85statutory paternity pay under Part 12ZA of that Act;
e
statutory adoption pay under Part 12ZB of that Act;
F83ea
statutory shared parental pay under Part 12ZC of that Act;
F92eb
statutory parental bereavement pay under Part 12ZD of that Act;
f
sums prescribed for the purposes of this section.
I1314F20Review of earnings trigger and qualifying earnings band
1
The Secretary of State must in each tax year consider whether any of the amounts in sections 3(1)(c), 5(1)(c) and 13(1)(a) and (b) should be increased or decreased.
2
If the Secretary of State considers that any of those amounts should be increased or decreased, the Secretary of State may make an order substituting in the provisions in question the amounts that the Secretary of State thinks appropriate.
3
For the purposes of subsection (1) the Secretary of State may take into account any of the factors specified in subsection (4) (as well as any others that the Secretary of State thinks relevant).
4
The factors are—
a
the amounts for the time being specified in Chapter 2 of Part 3 (personal allowances) of the Income Tax Act 2007;
b
the amounts for the time being specified in regulations under section 5 of the Social Security Contributions and Benefits Act 1992 (earnings limits and thresholds for Class 1 national insurance contributions);
c
F86the amounts for the time being specified in section 44(4) of that Act (rate of basic state pension) and in regulations under section 3(1) of the Pensions Act 2014 (full rate of state pension);
d
the general level of prices in Great Britain, and the general level of earnings there, estimated in such manner as the Secretary of State thinks fit.
I1415Pay reference period
1
In relation to any person a pay reference period is the period prescribed.
2
The Secretary of State may by regulations—
a
make provision for determining a person's earnings in any pay reference period;
b
make provision for determining the first date of each pay reference period in relation to a person.
3
A reference in any provision to the relevant pay reference period is a reference to the period determined in accordance with regulations under this section, as they apply for the purposes of that provision in the case concerned.
I1515AF22Power to specify rounded figures
1
The Secretary of State may by order specify rounded figures for the purposes of section 3(6B), 5(7B) or 13(2) in the case of pay reference periods of any length specified in the order.
2
A rounded figure so specified applies in place of the amount that would otherwise apply (“the exact amount”).
3
The Secretary of State must decide in relation to any particular amount whether to specify—
a
a figure that is a whole number of pounds, or
b
a figure that is divisible by 10 pence, or
c
a figure that includes a whole number of pennies.
4
It is for the Secretary of State to decide whether to round any particular amount up or down.
Accordingly, a figure specified under this section may be the figure within paragraph (a) or (b) or (c) of subsection (3) that is closest to the exact amount or the one that is next closest to it (or, if two figures are joint closest, it may be either of those).
Qualifying schemes and automatic enrolment schemes
I1616Qualifying schemes
1
A pension scheme is a qualifying scheme in relation to a jobholder (J) if—
a
the scheme is an occupational pension scheme or a personal pension scheme,
C15b
the scheme is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12), and
c
while J is an active member, the scheme satisfies the quality requirement in relation to J.
2
The Secretary of State may by regulations provide that subsection (1)(b) does not apply in relation to a scheme to which section 25 or 27 applies, if prescribed requirements are satisfied.
3
The Secretary of State may by regulations provide that a scheme is not a qualifying scheme in relation to J if—
F58a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F60ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
while J is an active member, the contributions that must be paid to the scheme by, or on behalf or in respect of, J exceed a prescribed amount, or
c
the scheme provides for average salary benefits to be provided to or in respect of J and contains prescribed features.
F573A
See also paragraphs 1(4) and 2(4) of Schedule 18 to the Pensions Act 2014, which confer power to make regulations providing for a scheme not to be a qualifying scheme in relation to a jobholder in certain circumstances.
F614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1717Automatic enrolment schemes
1
A pension scheme is an automatic enrolment scheme in relation to a jobholder (J) if—
a
it is a qualifying scheme in relation to J,
b
it satisfies the conditions in subsection (2), and
c
it satisfies any further conditions prescribed.
2
The conditions mentioned in subsection (1)(b) are that—
a
no provision of the scheme prevents the employer from making arrangements prescribed by regulations under section 3(2), 5(2) or 7(4) for J to become an active member of the scheme;
b
no provision of the scheme requires J to express a choice in relation to any matter, or to provide any information, in order to remain an active member.
I1818Occupational pension schemes
For the purposes of this Part, each of these is an occupational pension scheme—
a
an occupational pension scheme within the meaning of section 1(1) of the Pension Schemes Act 1993 (c. 48) that has its main administration in the United Kingdom;
F94b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a pension scheme that is prescribed or is of a prescribed description and that has its main administration elsewhere than in F95the United Kingdom.
19Personal pension schemes
For the purposes of this Part, a personal pension scheme is a pension scheme that is not an occupational pension scheme.
Quality requirements
I1920Quality requirement: UK money purchase schemes
C161
A money purchase scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder if under the scheme—
a
the jobholder's employer must pay contributions in respect of the jobholder;
b
the employer's contribution, however calculated, must be equal to or more than 3% of the amount of the jobholder's qualifying earnings in the relevant pay reference period;
c
the total amount of contributions paid by the jobholder and the employer, however calculated, must be equal to or more than 8% of the amount of the jobholder's qualifying earnings in the relevant pay reference period.
2
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A scheme does not fail to satisfy the quality requirement under this section merely because the trustees or managers of the scheme may on any occasion refuse to accept a contribution below an amount prescribed for the purposes of this section on the grounds that it is below that amount.
F8721Quality requirement: UK defined benefits schemes
A defined benefits scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder if it satisfies the test scheme standard in relation to that jobholder.
I2022Test scheme standard
1
A scheme satisfies the test scheme standard in relation to a jobholder (J) if the pensions to be provided for the relevant members of the scheme are broadly equivalent to, or better than, the pensions which would be provided for them under a test scheme.
F882
Subject to subsection (3), the relevant members are J and all active members who are jobholders of the same employer as J.
3
In applying this section the pensions to be provided for relevant members must be considered as a whole.
4
The Secretary of State may by regulations make provision for the manner of, and criteria for, determining whether the pensions to be provided for the relevant members under a scheme are broadly equivalent to, or better than, the pensions which would be provided for them under a test scheme.
5
Regulations under subsection (4) may provide for the determination to be made in accordance with guidance issued from time to time by the Secretary of State.
6
The Secretary of State may by regulations provide that a scheme only satisfies the test scheme standard if the scheme actuary certifies that it does.
7
Except in prescribed circumstances, the scheme actuary is the actuary appointed under section 47(1)(b) of the Pensions Act 1995 (c. 26) (professional advisers) in relation to the scheme.
F248
In the case of a scheme under which a sum of money is made available for the provision of benefits to a relevant member, references in this section to pensions are to be read as references to such sums.
I21C17C1823F25Test scheme
1
A test scheme is an occupational pension scheme which satisfies—
a
the requirement in subsection (2),
b
the requirement in subsection (4) or requirements prescribed under subsection (6) (as appropriate), and
c
any further requirements that are prescribed.
2
The scheme must either—
a
provide for a member to be entitled to a pension commencing at the appropriate age and continuing for life, or
b
provide for a sum of money to be made available for the provision of benefits to a member commencing at the appropriate age and continuing for life.
3
The appropriate age is 65 or any higher age prescribed.
4
In the case of a scheme that provides entitlement to a pension as mentioned in subsection (2)(a), the annual rate of the pension at the appropriate age must be—
a
1/120th of average qualifying earnings in the last three tax years preceding the end of pensionable service,
multiplied by
b
the number of years of pensionable service, up to a maximum of 40.
5
Section 13(1) (qualifying earnings) applies for the purposes of subsection (4) as if the reference to a pay reference period were a reference to a tax year.
6
In the case of a scheme that provides for a sum of money to be made available as mentioned in subsection (2)(b), regulations must prescribe requirements relating to that sum.
23AF72Alternative quality requirements for UK defined benefits schemes
1
The Secretary of State may by regulations provide that a defined benefits scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder if any one or more of the following is satisfied—
a
the scheme is of a prescribed description and satisfies the quality requirement under section 20 in relation to that jobholder;
b
the cost of providing the benefits accruing for or in respect of the relevant members over a relevant period would require contributions to be made of a total amount equal to at least a prescribed percentage of the members' total relevant earnings over that period;
c
in the case of each of at least 90% of the relevant members, the cost of providing the benefits accruing for or in respect of the member over a relevant period would require contributions to be made of a total amount equal to at least a prescribed percentage of the member's total relevant earnings over that period.
2
For this purpose—
“contributions” means contributions to the scheme by, or on behalf or in respect of, a relevant member;
“relevant earnings” means earnings of a prescribed description;
“relevant members” means members of the scheme of a prescribed description;
“relevant period” means a period specified in or determined in accordance with the regulations.
3
A percentage prescribed under subsection (1)(b) or (c) must be at least 8%.
4
Regulations under subsection (1)(b) or (c) may make provision—
a
about how to calculate whether the requirement is satisfied, including provision requiring the calculation to be made in accordance with prescribed methods or assumptions;
b
requiring benefits of a prescribed description to be disregarded in determining whether the requirement is satisfied;
c
that a scheme only satisfies the requirement if the scheme actuary certifies that it does; and for this purpose “scheme actuary” has the prescribed meaning.
5
Section 13(3) (meaning of “earnings”) applies for the purposes of this section as it applies for the purposes of that section.
6
The Secretary of State must from time to time review any regulations in force under subsection (1).
7
A review must be carried out—
a
during 2017, and
b
after that, no more than three years after the completion of the previous review.
I22C1924Quality requirement: UK hybrid schemes
1
A hybrid scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder if it satisfies the requirements mentioned in whichever of these is the appropriate paragraph—
a
the requirements for a money purchase scheme under section 20, subject to any prescribed modifications;
b
the requirements for a defined benefits scheme under sections 21 to F7323A, subject to any prescribed modifications.
2
Which paragraph of subsection (1) is appropriate for any hybrid scheme is to be determined by rules made by the Secretary of State.
3
The rules may provide for different paragraphs to be appropriate for different provisions of a scheme.
4
The rules may provide for the paragraphs to be appropriate as alternatives, for any scheme or any provisions of a scheme.
I2325Quality requirement: non-UK occupational pension schemes
The Secretary of State may by regulations make provision as to the quality requirement to be satisfied in the case of an occupational pension scheme within section 18(b) or (c).
I2426Quality requirement: UK personal pension schemes
1
This section applies to a personal pension scheme if the operation of the scheme—
a
is carried on in such a way as to be a regulated activity for the purposes of the Financial Services and Markets Act 2000 (c. 8), and
b
is carried on in the United Kingdom by a person who is in relation to that activity an authorised person or an exempt person under section 19 of that Act.
2
The scheme satisfies the quality requirement in relation to a jobholder if the following conditions are satisfied.
3
The first condition is that all of the benefits that may be provided to the jobholder under the scheme are money purchase benefits.
4
The second condition is that, in relation to the jobholder, there is an agreement between the provider of the scheme and the employer under which—
a
the employer must pay contributions in respect of the jobholder;
b
the employer's contribution, however calculated, must be equal to or more than 3% of the amount of the jobholder's qualifying earnings in the relevant pay reference period.
5
In subsection (6), “shortfall” means the difference (if any) between—
a
the employer's contribution in respect of the jobholder under the agreement referred to in subsection (4), and
b
8% of the amount of the jobholder's qualifying earnings in the relevant pay reference period.
6
The third condition is that if there is a shortfall there is an agreement between the provider of the scheme and the jobholder under which the jobholder must pay contributions which, however calculated, are equal to or more than the shortfall.
7
The fourth condition is that, in relation to the jobholder, there are direct payment arrangements (within the meaning of section 111A of the Pension Schemes Act 1993 (c. 48)) between the jobholder and the employer.
8
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
A scheme does not fail to satisfy the quality requirement under this section merely because the provider of the scheme may on any occasion refuse to accept a contribution below an amount prescribed for the purposes of this section on the grounds that it is below that amount.
I2527Quality requirement: other personal pension schemes
The Secretary of State may by regulations make provision as to the quality requirement to be satisfied in the case of a personal pension scheme to which section 26 does not apply.
I2628F27Certification that quality requirement or alternative requirement is satisfied
1
The Secretary of State may by regulations provide that, subject to provision within subsection (6)(f), a scheme to which this section applies is to be taken to satisfy the relevant quality requirement in relation to F28each of an employer's relevant jobholders if a certificate given in accordance with the regulations is in force in relation to the employer.
F291A
In this section—
a
“ relevant jobholder ” means a jobholder to whom the certificate in question applies;
b
a reference to a scheme includes a reference to part of a scheme.
2
The certificate must F30 state—
a
b
that, in relation to those jobholders, the scheme is in that person's opinion able to satisfy a prescribed alternative requirement throughout the certification period.
F332A
Alternative requirements must be such that, assuming all jobholders to be active members of schemes to which this section applies, for at least 90% of jobholders—
a
employer contributions, and
b
total contributions,
would be likely to be no less if every scheme satisfied an alternative requirement applicable to it than if every scheme satisfied the relevant quality requirement.
2B
In subsection (2A)—
“ alternative requirement ” means a requirement prescribed under subsection (2)(b);
“ employer contributions ”, in relation to an active member of a scheme, means the amount of contributions that have to be paid under the scheme in respect of the member by the employer;
“ total contributions ”, in relation to an active member of a scheme, means the total amount of contributions that have to be paid under the scheme in respect of the member by the employer and by the member.
2C
The Secretary of State—
a
must apply the test in subsection (2A) when regulations under subsection (2)(b) are first made, and
b
must carry out subsequent reviews of whether the test continues to be satisfied.
A review under paragraph (b) must be carried out during 2017, and after that each review must be completed no more than three years after the completion of the previous one.
3
This section applies to—
a
a money purchase scheme to which section 20 applies;
b
a personal pension scheme to which section 26 applies;
c
a hybrid scheme, to the extent that requirements within section 24(1)(a) apply.
F343A
This section also applies to—
a
a money purchase scheme that is an occupational pension scheme within section 18(b);
b
a personal pension scheme of a prescribed description for which provision is made under section 27;
c
a hybrid scheme that is an occupational pension scheme within section 18(b), to the extent prescribed.
F743B
This section also applies to a defined benefits scheme that has its main administration in the United Kingdom and is of a description prescribed under section 23A(1)(a).
4
The “relevant quality requirement”—
a
for a scheme within subsection (3)(a), means the quality requirement under section 20;
b
for a scheme within subsection (3)(b), means the quality requirement under section 26;
c
for a scheme within paragraph (c) of subsection (3), means the requirements mentioned in that paragraph;
F35d
for a scheme within subsection (3A), means a prescribed requirement.
F75e
for a scheme within subsection (3B), means the quality requirement under section 23A(1)(a).
5
Regulations may make further provision in relation to certification under this section.
6
Regulations may in particular make provision—
a
as to the period for which a certificate is in force (the “certification period”);
b
as to the persons by whom a certificate may be given;
c
as to procedures in connection with certification or where a certificate has been given;
d
requiring persons to have regard to guidance issued by the Secretary of State;
e
7
Provision within subsection (6)(f) includes in particular provision for a scheme not to be treated by virtue of regulations under this section as having satisfied the relevant quality requirement unless prescribed steps are taken (which may include the making of prescribed payments).
8
In subsection (6)F39 “contribution agreements” means—
a
the agreement required, in the case of a scheme within subsection (3)(b), by section 26(4) and any agreement required, in the case of such a scheme, by section 26(6)F40, or
b
any agreement of the same or a similar kind that is required, in the case of a scheme within subsection (3A)(b), by regulations under section 27.
9
The Secretary of State may by order repeal this section.
Transitional
I2729Transitional periods for money purchase and personal pension schemes
1
During the first transitional period F76...—
a
sections 20(1)(b) and 26(4)(b) have effect as if for “3%” there were substituted “
1%
”
;
b
sections 20(1)(c) and 26(5)(b) have effect as if for “8%” there were substituted “
2%
”
.
2
The first transitional period is a prescribed period of at least one year, beginning with the coming into force of section 20.
3
During the second transitional period F77...—
a
sections 20(1)(b) and 26(4)(b) have effect as if for “3%” there were substituted “
2%
”
;
b
sections 20(1)(c) and 26(5)(b) have effect as if for “8%” there were substituted “
5%
”
.
4
The second transitional period is a prescribed period of at least one year, beginning with the end of the first transitional period.
I2830Transitional period for defined benefits and hybrid schemes
1
Subsection (3) applies if, in relation to a person who on the employer's first enrolment date is a jobholder to whom section 3 applies, the conditions in subsection (2) are satisfied, and continue to be satisfied during the transitional period for defined benefits and hybrid schemes.
2
The conditions are that—
a
the jobholder has been employed by the employer for a continuous period beginning before the employer's first enrolment date,
b
at a time in that period before the employer's first enrolment date, the jobholder became entitled to become an active member of a defined benefits scheme or F64a defined benefits member of a hybrid scheme ,
c
the jobholder is, and has always since that time been, entitled to become an active member of a defined benefits scheme or F65a defined benefits member of a hybrid scheme , and
d
the scheme to which that entitlement relates is a qualifying scheme, and any scheme to which it has related on or after the employer's first enrolment date has been a qualifying scheme.
3
F41If by the end of the prescribed period the employer has given the jobholder notice that the employer intends to defer automatic enrolment until the end of the transitional period for defined benefits and hybrid schemes, section 3 has effect in relation to the jobholder with the substitution for subsection (2) of the following subsection—
2
The employer must make prescribed arrangements by which the jobholder becomes
F66a
an active member, with effect from the end of the transitional period for defined benefits and hybrid schemes, of an automatic enrolment scheme which is a defined benefits scheme,F67 or
b
a defined benefits member, with effect from the end of that period, of an automatic enrolment scheme which is a hybrid scheme.F78A reference in this subsection to a scheme does not include a scheme to which section 30(11)(a) or (b) applies.
4
If F42a notice is given under subsection (3) and at any later time in the transitional period for defined benefits and hybrid schemes the condition in subsection (2)(c) or (d) of this section ceases to be satisfied, subsection (5) applies instead of subsection (3) (and the day after the last day on which that condition is satisfied is referred to as “the closure date”).
C275
Where this subsection applies, section 3 has effect in relation to the jobholder with the substitution for subsection (2) of the following subsection—
2
The employer must make prescribed arrangements by which the jobholder either—
a
becomes an active member, with effect from the closure date, of an automatic enrolment scheme which is a defined benefits scheme F80other than a scheme to which section 30(11)(a) applies,
F68aa
becomes a defined benefits member, with effect from the closure date, of an automatic enrolment scheme which is a hybrid scheme, F81other than a scheme to which section 30(11)(b) applies
b
becomes an active member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a money purchase scheme F43or personal pension scheme.
F69c
becomes a money purchase member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a hybrid scheme,
F82d
becomes an active member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a defined benefits scheme to which section 30(11)(a) applies, or
e
becomes a defined benefits member , with effect from the automatic enrolment date, of an automatic enrolment scheme which is a hybrid scheme to which section 30(11)(b) applies.
C276
If the jobholder becomes a member of a scheme under arrangements made under subsection (2)(b) of that section (as substituted by subsection (5))—
a
the employer's contributions are payable with effect from the automatic enrolment date;
b
any requirement of the scheme F44. . . for contributions to be payable by the jobholder does not apply in respect of the period of the jobholder's membership before the closure date;
c
regulations made for the purposes of section 3(2)(b) must secure that the jobholder may pay, within a period prescribed by the regulations, any contributions which would have been payable by the jobholder but for paragraph (b) of this subsection.
C277
Where subsection (3) or (5) of this section F45 applies—
a
section 3(3) and (4) apply as if references to the automatic enrolment date were references to the F46day with effect from which arrangements would by virtue of this section fall to be made in respect of the jobholder;
F47b
section 4 applies as if—
i
the reference in subsection (1) to the employer's staging date were a reference to the employer's first enrolment date;
ii
in that subsection, for “the workers's automatic enrolment date is the deferral date” there were substituted the day with effect from which arrangements fall to be made by virtue of section 30 in respect of the jobholder is changed to the deferral date;
iii
in subsections (4) to (6), references to the starting day were references to the day with effect from which arrangements would by virtue of this section fall to be made in respect of the jobholder.
F63c
section 5(2) does not apply in relation to an automatic re-enrolment date that falls before the day with effect from which arrangements would by virtue of this section fall to be made in respect of the jobholder.
F487A
The Secretary of State may by regulations make provision about the form and content of a notice under subsection (3).
8
The transitional period for defined benefits and hybrid schemes is a prescribed period beginning with the day on which section 3 comes into force.
9
In this section, the “employer's first enrolment date” means the first day on which section 3 applies in the case of the employer (where that day falls within the transitional period for defined benefits and hybrid schemes).
F6210
For the purposes of this section—
a
a person is a “money purchase member” of a hybrid scheme if—
i
the person is an active member of the scheme, and
ii
all the benefits accruing in respect of his or her membership are money purchase benefits, and
b
a person is a “defined benefits member” of a hybrid scheme if the person is an active member of the scheme other than a money purchase member.
F7911
In subsection (2) references to a scheme do not include—
a
a defined benefits scheme that satisfies the quality requirement in relation to the jobholder by reason only of section 23A(1)(a), or
b
a hybrid scheme if—
i
the appropriate paragraph of section 24(1) for any provisions of the scheme is paragraph (b) (those provisions are referred to below as “the defined benefits section”),
ii
the defined benefits section satisfies section 23A(1)(a) as applied by section 24(1)(b), and
iii
the defined benefits section does not satisfy any of the other requirements mentioned in section 24(1)(b).
Miscellaneous
31Effect of freezing order F91, assessment period or pause order
1
Where a jobholder is an active member of a qualifying scheme and a freezing event occurs in relation to the scheme, the jobholder does not, for the purposes of this Chapter, cease to be an active member of the scheme, and the scheme does not, for those purposes, cease to be a qualifying scheme, by virtue of any relevant provision.
2
Where a worker is an active member of a scheme that satisfies the requirements of section 9 and a freezing event occurs in relation to the scheme, the worker does not, for the purposes of section 9(1)(c), cease to be an active member of the scheme by virtue of any relevant provision.
3
In this section—
“freezing event” in relation to a scheme means—
- a
the making of a freezing order under section 23 of the Pensions Act 2004 (c. 35) in relation to the scheme, F97...
- b
the beginning of an assessment period within the meaning of section 132 of that Act in relation to the scheme, F97...
- c
F89the making of a pause order under section 31 of the Pension Schemes Act 2017F98, or
- d
the making of a pause order under section 44 of the Pension Schemes Act 2021;
- a
“relevant provision” means—
- a
in relation to a freezing order, provision contained in the order, or the provision made with respect to the order by section 23 of the Pensions Act 2004;
- b
in relation to an assessment period, the provision made with respect to the period by section 133 of that Act.
- c
F90in relation to a pause order, provision contained in the order or the provision made with respect to the order by section 31 of the Pension Schemes Act 2017 F99or (as the case may be) section 44 of the Pension Schemes Act 2021.
- a
I2932Power of trustees F49or managers to modify by resolution
1
The trustees F49or managers of an occupational pension scheme may by resolution modify the scheme—
a
with a view to enabling the scheme to comply with the conditions in section 17(2), or
b
by increasing the amount required to be paid in contributions, in order for the scheme F50 to satisfy—
i
the requirements contained in section 20(1),
ii
those requirements as modified under section 24(1)(a), or
iii
a requirement prescribed under section 28(2)(b).
2
An increase under subsection (1)(b) may be made only—
a
by increasing the amount of any contribution, directly or by modifying the basis on which it is calculated, or
b
by increasing the frequency of any contributions.
3
No modification may be made by virtue of subsection (1) without the consent of the employer in relation to the scheme.
4
In the application of subsection (3) to a scheme in relation to which there is more than one employer, references to the employer have effect as if they were references to a person nominated by the employers, or by the scheme, to act as the employers' representative for the purposes of this section or, if no such nomination is made, to all of the employers.
5
Regulations may provide that this section does not apply to occupational pension schemes within a prescribed class or description.
I3033Deduction of contributions
1
An employer who arranges for a person to become a member of a scheme in accordance with section 3(2), 5(2) or 7(3), or of an occupational pension scheme in accordance with section 9(2), may deduct the person's contributions to the scheme from the person's remuneration and pay them to the trustees or managers of the scheme (in the case of an occupational pension scheme) or the provider of the scheme (in the case of a personal pension scheme).
2
Regulations prescribing arrangements for the purposes of section 3(2), 5(2), 7(3) or 9(2), may require the employer to make such a deduction or payment at any time on or after the date with effect from which the jobholder is to become an active member of a scheme under the arrangements.
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)