Part 1Pension scheme membership for jobholders

Chapter 1Employers' duties

Employers' duties

4Postponement of automatic enrolment

1

The Secretary of State may by regulations provide that in prescribed cases the automatic enrolment date is a date, determined in accordance with regulations under this section, which is later than the date specified in section 3(7).

2

Where a person becomes an active member of a scheme in accordance with regulations under this section, the employer must not take any action, or make any omission, by which within the minimum period—

a

the person ceases to be an active member of the scheme, or

b

the scheme ceases to be a scheme of the relevant kind.

3

The minimum period is so much of a prescribed period as the person remains a jobholder of the employer.

4

A scheme ceases to be a scheme of the relevant kind, in the case of any person, if it ceases to have a feature by reference to which regulations under this section operated so as to postpone the automatic enrolment date in that person’s case.

5

Subsection (2) does not apply to any action or omission at the member’s request.