Pensions Act 2008 (c. 30)

Part 1 U.K. Pension scheme membership for jobholders

Modifications etc. (not altering text)

C1 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)

Chapter 7 E+W+S Stakeholder pension schemes

87 Stakeholder pension schemes E+W+S

(1) The Welfare Reform and Pensions Act 1999 (c. 30) is amended as follows.

(2) Section 3 (duty of employers to facilitate access to stakeholder pension schemes) is amended as follows.

(3) In subsection (1), for “the requirements set out below” substitute “ the requirement in subsection (5) ”.

(4) After subsection (1) insert—

“(1A) A relevant employee, in relation to an employer, is an employee of the employer who, on the relevant date, satisfies the conditions in subsection (1B).

(1B) The conditions are that—

(a) the employee is a member of a stakeholder pension scheme;

(b) the employee made a request under subsection (5) before the relevant date and that request has not been withdrawn;

(c) the employee pays contributions (which are deducted in accordance with that request) to the scheme at regular intervals;

(d) at least one deduction has been made before the relevant date in accordance with that request.

(1C) A person ceases to be a relevant employee—

(a) on ceasing to be employed by the employer;

(b) on withdrawing a request under subsection (5);

(c) on ceasing to pay contributions at regular intervals.”

(5) Omit subsections (2) to (4).

(6) In subsection (5)—

(a) omit the word “fourth”;

(b) omit the words from “of his” to “qualifying scheme”;

(c) in paragraph (a), for “scheme” substitute “ stakeholder pension scheme ”.

(7) After subsection (5) insert—

“(5A) That requirement only applies in relation to a request to make deductions made before the relevant date (whether or not that request is varied after that date).”

(8) Omit subsection (6).

(9) In subsection (7), for “any of the requirements” substitute “ the requirement ”.

(10) In subsection (8)—

(a) for the words from “whether before” to “those purposes” substitute “ while subject to the requirement in subsection (5) ”;

(b) omit paragraph (a)(ii) and (iii).

(11) In subsection (9), after the definition of “employer” insert—

““relevant date” means the date on which section 87 of the Pensions Act 2008 comes into force.”

(12) In that subsection—

(a) omit the definition of “qualifying scheme”;

(b) omit the definition of “relevant employees”.

(13) In section 6 (application of certain enactments), omit subsections (1), (2) and (4).

(14) In section 8 (interpretation), in subsection (1), omit the definition of “designated scheme”.