The Employers' Duties (Implementation) Regulations 2010

[F1 Deferral of automatic enrolment: notice requirements E+W+S

4C.— (1) A notice (referred to in this regulation as “the notice”) under regulation 4B(1) or (2) must be in writing.

(2) In the case of workers who are jobholders and who are not active members of a qualifying scheme, the notice must include the information described in paragraph (4) or (6) and the information described in paragraphs (7) to (9).

(3) In the case of workers who are not jobholders and who are not active members of a qualifying scheme, the notice must include the information described in paragraph (5) or (6) and the information described in paragraphs (7) to (9).

(4) A statement that the jobholder may, by giving written notice to the employer, require the employer to make arrangements for the jobholder to become an active member of an automatic enrolment scheme and that the jobholder is entitled to employer’s contributions.

(5) A statement that the worker may, where he or she is working, or ordinarily works, in Great Britain and is aged at least 16 and under 75 and is not a member of a pension scheme that satisfies the requirements of section 9 of the Act, by giving written notice to the employer, require the employer to make arrangements for the worker to become an active member of such a pension scheme.

(6) A statement—

(a) that sets out the amount of the lower qualifying earnings limit (“the lower qualifying earnings limit”) specified in section 13(1)(a) of the Act; and

(b) that by giving written notice to the employer, the worker who is aged at least 16 and under 75 and—

(i) who earns more than the lower qualifying earnings limit and is not an active member of a qualifying scheme, may require the employer to arrange for that worker to become an active member of an automatic enrolment scheme and is entitled to employer’s contributions; or

(ii) who earns no more than the lower qualifying earnings limit and is not a member of a pension scheme that satisfies the requirements of section 9 of the Act, may require the employer to arrange for that worker to become an active member of such a pension scheme but is not entitled to employer’s contributions.

(7) A statement that the employer has deferred automatic enrolment until the deferral date and which specifies that date.

(8) A statement—

(a) that sets out the amount of earnings (“the specified amount”) that are payable as specified in section 3(1)(c) of the Act; and

(b) that the employer will automatically enrol the worker into an automatic enrolment scheme on the deferral date if, on that date—

(i) the worker is aged 22 or more but under state pension age;

(ii) the worker is working, or is ordinarily working, in Great Britain;

(iii) earnings of more than the specified amount are payable to the worker; and

(iv) the worker is not already an active member of a qualifying scheme.

(9) A statement that a written notice from the worker must be signed by the worker or, if it is given by means of an electronic communication, must include a statement that the worker personally submitted the notice.

(10) In this regulation, “employer” has the meaning given in regulation 4B(7).]

Textual Amendments

F1 Regs. 4B-4C inserted (1.4.2017) by The Employers Duties (Implementation) (Amendment) Regulations 2017 (S.I. 2017/347), regs. 1, 4