PART 1PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS
CHAPTER 1EMPLOYERS' DUTIES
Employers' duties
I12Continuity of scheme membership
1
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.
3
Subsection (1) is not contravened if the jobholder becomes an active member of another qualifying scheme within the prescribed period.
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).