C2PART 1PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS
C2CHAPTER 1EMPLOYERS' DUTIES
Employers' duties
I1I22C2Continuity of scheme membership
C11
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).
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)