Part 1Pension scheme membership for jobholders
Chapter 1Employers' duties
Employers' duties
6Timing 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
b
secure that for any employer there is not more than one automatic re-enrolment date in any period of three years.
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
The first case is where the jobholder became an active member of a scheme in accordance with regulations under section 4 and—
a
at any time before the end of the minimum period under that section, the jobholder ceases to be an active member of the scheme or the scheme ceases to be a scheme of the relevant kind for the purposes of that section,
b
that event is not the effect of any action or omission by the jobholder or the employer, and
c
the relevant date is the jobholder’s first automatic re-enrolment date after that time.
4
The second case is where—
a
at any time after the jobholder’s automatic enrolment date, the jobholder ceases to be an active member of a qualifying scheme or a qualifying scheme of which the jobholder is an active member ceases to be such a scheme,
b
that event is not the effect of any action or omission by the jobholder or the employer, and
c
the relevant date is the jobholder’s first automatic re-enrolment date after that time.
5
The third 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
Where subsection (3) applies—
a
section 5(2) has effect as if the reference to an automatic enrolment scheme were, in relation to the relevant date, a reference to a scheme (“the new scheme”) of the kind referred to in subsection (3)(a), and
b
section 4(2) to (5) apply in relation to the new scheme as they applied in relation to the scheme referred to in subsection (3).