C1C2C3C4Part I Stakeholder pension schemes

Annotations:
Modifications etc. (not altering text)
C2

Pts. I-IV: power to modify conferred (6.4.2006) by Pensions Act 2004 (c. 35), ss. 321(1)(d), 322(1); S.I. 2006/560, art. 2(3), Sch. Pt. 3

C4

Pts. I-IV: power to modify conferred (26.11.2008) by Pensions Act 2008 (c. 30), ss. 146(2)(c), 149(2)

I13 Duty of employers to facilitate access to stakeholder pension schemes.

1

Except in so far as regulations otherwise provide, it shall be the duty of an employer of relevant employees to comply with F3the requirement in subsection (5).

F11A

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the employee made a request under subsection (5) before the relevant date and that request has not been withdrawn;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

F102

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F103

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F104

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5

The F11... requirement is that, subject to such exceptions and qualifications as may be prescribed, the employer shall, if he is requested to do so by a relevant employee F12...—

a

deduct the employee’s contributions to the F4stakeholder pension scheme from his remuneration; and

b

pay them to the trustees or managers of the scheme or, if regulations so provide, to a prescribed person.

F25A

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).

F56

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7

Section 10 of the 1995 Act (civil penalties) applies to an employer who fails to comply with F6the requirement set out above.

8

An employer is not, F7while subject to the requirement in subsection (5), under any duty—

a

to make any enquiries, or act on any information, about the scheme for any purpose not connected with—

i

ascertaining whether the scheme is for the time being registered under section 2,

F8ii

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F9iii

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b

in particular, to investigate or monitor, or make any judgment as to, the past, present or future performance of the scheme.

9

In this section—

  • “employer” means any employer, whether or not resident or incorporated in any part of the United Kingdom;

  • F13 “ relevant date ” means the date on which section 87 of the Pensions Act 2008 comes into force.

  • F14...

  • F15...