C1PART 1PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 applied (with modifications) (1.7.2012) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), arts. 1(1), 2 (with art. 5)

C1CHAPTER 1EMPLOYERS' DUTIES

Qualifying schemes and automatic enrolment schemes

I1I216Qualifying schemes

1

A pension scheme is a qualifying scheme in relation to a jobholder (J) if—

a

it is an occupational pension scheme or a personal pension scheme,

b

it 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 Department 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 Department may by regulations provide that a scheme is not a qualifying scheme in relation to J if—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3ab

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F43A

See also paragraphs1(4) and 2(4) of Schedule 18 to the Pensions Act (Northern Ireland) 2015, which confer power to make regulations providing for a scheme not to be a qualifying scheme in relation to a jobholder in certain circumstances.

F54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .