2012/1682, art. (9)In subsection (7), for any of the requirements substitute the requirement . 2(5)(c) (with reg. . . It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above, whether or not the requirement applies in favour of the employee, or. . 1. The Secretary of State must in each tax year consider whether any of the amounts in sections 3(1)(c), 5(1)(c) and 13(1)(a) and (b) should be increased or decreased. 5 modified (6.4.2019) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2019 (S.I. C68S. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. . 14(a); S.I. a person is a money purchase member of a hybrid scheme if, the person is an active member of the scheme, and, all the benefits accruing in respect of his or her membership are money purchase benefits, and. (b)the sum for the time being specified in section 124(1) of that Act which is the limit for a compensatory award to a person calculated in accordance with section 123 of that Act. 412(c) funding waiver) for the preceding plan year. 2(a)(b), F93Word in s. 31(3) omitted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by virtue of Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 2010/911), art. In section 72, after subsection (1) insert, If the Regulator requires information which is relevant to the exercise of its functions under Chapter 2 of Part 1 of the Pensions Act 2008 or section 51 of that Act, the Regulator may, by notice in writing, require a person to whom subsection (2) applies. 2010/772, regs. 3, Sch. S. 99A inserted (retrospective to 5.7.2010) by, Advanced Search (including Welsh legislation in Welsh language), The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 4(6)(a), 38(1)(4); S.I. . it satisfies any further conditions prescribed. 5(7B) modified (6.4.2020) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2020 (S.I. . 1(1), 3, C28S. 2010/772 regs. 13(4), 38(1)(4); S.I. 2(1)(a), F10S. (4)It is for the Secretary of State to decide whether to round any particular amount up or down. . 30(5)-(7) applied (with modifications) (conditional) (11.9.2014) by Pensions Act 2014 (c. 19), ss. 1(1), 3, C47S. The Regulator may issue an unpaid contributions notice to an employer if it is of the opinion that relevant contributions have not been paid on or before the due date. F125. 1.The Family Law (Scotland) Act 1985 (c. 37) is amended 2.In section 8 (orders for financial provision). to whom paragraphs (a) and (b) of section 1(1) apply (working in Great Britain and aged between 16 and 75), to whom paragraph (c) of section 1(1) does not apply (qualifying earnings), and. . 1 para. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. . Alternative requirements must be such that, assuming all jobholders to be active members of schemes to which this section applies, for at least 90% of jobholders. . 3(b)) and 45(2), I19S. 9. S. 5(1) substituted (3.11.2011 for specified purposes otherwise 30.6.2012) by, Word in s. 5(1)(c) substituted (6.4.2014) by, S. 5(1A)(1B) inserted (3.11.2011 for specified purposes otherwise 30.6.2012) by, S. 5(5) omitted (3.11.2011 for specified purposes otherwise 30.6.2012) by virtue of, S. 5(7A)(7B) inserted (3.11.2011 for specified purposes otherwise 30.6.2012) by, Words in s. 5(8) omitted (3.11.2011 for specified purposes otherwise 30.6.2012) by virtue of, S. 5(2): Power to exclude conferred (3.11.2011) by, S. 5(2) modified by S.I. . 5(7B) modified (6.4.2016) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2016 (S.I. . (1) Section 51ZA of the Pensions Act 1995 (c. 26) After Schedule 4B to the Social Security Contributions and Benefits Additional pension etc: minor and consequential amendments, Social Security Contributions and Benefits Act 1992 (c. 4). such other matters as the Secretary of State may direct. . On June 1, 2017, the actuary completes the 2017 valuation and notifies the plan sponsor that the minimum required contribution for the 2017 plan year is $100,000. I45S. 2) Regulations 2011 (S.I. . any provision of Chapter 1 of that Part of that Act applies to the employee, or will or might apply. . the jobholder is to be treated for all purposes as not having become an active member of the scheme on that occasion; any contributions paid by the jobholder, or by the employer on behalf or in respect of the jobholder, on the basis that the jobholder has become an active member of the scheme on that occasion must be refunded in accordance with prescribed requirements. . . . Subsection (3) applies if, in relation to a person who on the employer's first enrolment date is a jobholder to whom section 3 applies, the conditions in subsection (2) are satisfied, and continue to be satisfied during the transitional period for defined benefits and hybrid schemes. 1(1) (as amended by S.I. 2012/1388), art. no provision of the scheme prevents the employer from making arrangements prescribed by regulations under section 3(2), 5(2) or 7(4) for J to become an active member of the scheme; no provision of the scheme requires J to express a choice in relation to any matter, or to provide any information, in order to remain an active member. 2(1)(d), F90S. 2014/623), The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2019 (S.I. 8(2), 38(1)(4); S.I. F15(b)secure that for any employer there is not more than one automatic re-enrolment date in any period of [F162 years and 9 months]. (3)Subsection (2) does not apply if the jobholder was an active member of a qualifying scheme on the automatic enrolment date. . 41(1)(e) and word inserted (29.6.2022) by Pension Schemes Act 2021 (c. 1), s. 131(1), Sch. . . . 26. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Sum in s. 13(1)(a) substituted (6.4.2020) by, Sum in s. 13(1)(b) substituted (6.4.2021) by, Words in s. 13(3)(d) substituted (5.4.2015) by, S. 13 wholly in force at 30.6.2012; s. 13 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 13 in force so far as not already in force at 30.6.2012 by, Review of earnings trigger and qualifying earnings band. . . . 2020/372), arts. There are changes that may be brought into force at a future date. . Schedule 1 makes provision about the trustee corporation. 28(1A) inserted (3.11.2011 for specified purposes otherwise 6.3.2012) by Pensions Act 2011 (c. 19), ss. . . . Subsection (2) applies to any order under section 67 relating to a scheme, except the order establishing the scheme and an order taking effect at the same time as that order. . 5)), (1)The Regulator may review a notice to which this section applies, (a)on the written application of the person to whom the notice was issued, or. . (8)In subsection (6)[F67 contribution agreements means, (a)the agreement] required, in the case of a scheme within subsection (3)(b), by section 26(4) and any agreement required, in the case of such a scheme, by section 26(6)[F68, or, (b)any agreement of the same or a similar kind that is required, in the case of a scheme within subsection (3A)(b), by regulations under section 27.]. See how this legislation has or could change over time. In subsection (2) references to a scheme do not include, a defined benefits scheme that satisfies the quality requirement in relation to the jobholder by reason only of section 23A(1)(a), or, the appropriate paragraph of section 24(1) for any provisions of the scheme is paragraph (b) (those provisions are referred to below as , the defined benefits section satisfies section 23A(1)(a) as applied by section 24(1)(b), and. 11(2), 38(1)(4); S.I. Occupational pension schemes are arrangements established by employers to provide pension and related benefits for their employees. . 2012/1682, art. 2(1)(b), F87S. . . [F82(c)becomes a money purchase member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a hybrid scheme,], [F83(d)becomes an active member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a defined benefits scheme to which section 30(11)(a) applies, or, (e)becomes a defined benefits member , with effect from the automatic enrolment date, of an automatic enrolment scheme which is a hybrid scheme to which section 30(11)(b) applies.], (6)If the jobholder becomes a member of a scheme under arrangements made under subsection (2)(b) of that section (as substituted by subsection (5)). (d)there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or a professional body, covering the risk of a claim by the worker in respect of loss arising in consequence of the advice, (e)the agreement must identify the adviser, and. . . 2(1)(2)(a), Sch. . 1(1), F44Words in s. 18(c) substituted (31.12.2020) by The Occupational and Personal Pension Schemes (Amendment etc.) For the purposes of this section, the relevant provisions are, this Part (and any enactment as amended by this Part), and. for contributions to be payable by the jobholder does not apply in respect of the period of the jobholder's membership before the closure date; (c)regulations made for the purposes of section 3(2)(b) must secure that the jobholder may pay, within a period prescribed by the regulations, any contributions which would have been payable by the jobholder but for paragraph (b) of this subsection. the amount of the penalty payable under the notice. . in the case of a person of a description specified in an order under subsection (6)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied. 2021/620, reg. 1(2), 2(d), F103Words in s. 40(5)(g) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. (1) Relevant information held by the Secretary of State about Part 4 Provisions applicable irrespective of age of transferee on transfer day. any provision of regulations under section 60 (requirement to keep records). . 2(2)(a), F3Word in s. 3(1)(c) substituted (6.4.2014) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2014 (S.I. . 1, In section 21(1) of the Employment Tribunals Act 1996 (c. 17) (jurisdiction of appeal tribunal), after paragraph (gc) insert, (1)For the purposes of Chapter 1 or 2 of this Part, the Secretary of State may by regulations make provision requiring any person. in relation to a freezing order, provision contained in the order, or the provision made with respect to the order by section 23 of the Pensions Act 2004; in relation to an assessment period, the provision made with respect to the period by section 133 of that Act. Read ourprivacy policyto learn more. If the jobholder becomes a member of a scheme under arrangements made under subsection (2)(b) of that section (as substituted by subsection (5)). . I31S. (b)the appointment or removal of trustees; (c)(as regards trustees, or members of any corporate trustee) meetings, committees or delegation of functions; (d)any exclusion of liability on the part of trustees, or the provision of any indemnity or insurance out of the funds of the scheme. (1)In section 82(5)(a) of the Pensions Act 2004 (penalty for disclosure of restricted information, on summary conviction), at the end insert , or imprisonment for a term not exceeding 12 months, or both . 2(2)(a), (1)A pension scheme is a qualifying scheme in relation to a jobholder (J) if. . . 2012/1682, art. 6(4)(c), 38(1)(4); S.I. . (b)while J is an active member, the contributions that must be paid to the scheme by, or on behalf or in respect of, J exceed a prescribed amount, or. (a)it relates to failure to comply with a notice within subsection (1)(a), (b) or (c), the person to whom that notice was issued has applied for a review of it under section 43, and any review has not been completed; (b)it relates to failure to comply with any notice within subsection (1), the person has exercised the right of referral to [F107a tribunal] under section 44 in respect of a fixed penalty notice issued in relation to that notice, and the reference has not been determined. . 2012/1477, regs. (a)sections 20(1)(b) and 26(4)(b) have effect as if for 3% there were substituted 1% ; (b)sections 20(1)(c) and 26(5)(b) have effect as if for 8% there were substituted 2% . be framed by reference to a description of worker, particular circumstances or in some other way. 2018/965, reg. 3(b)) and 5A (as inserted by S.I. (8)The further notice does not have effect to require the employer to arrange for the jobholder to become an active member of an automatic enrolment scheme. 2(1)(a), F23Words in s. 6(5) substituted (3.11.2011 for specified purposes otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. 2012/1477, regs. any provision of regulations under section 3(2) or 5(2) (prescribed arrangements for automatic enrolment or re-enrolment). . . To the extent the contribution exceeds that amount, the excess is treated as a late contribution for the next earliest plan year for which there is an unpaid minimum contribution (to the extent necessary to correct that next earliest unpaid minimum required contribution). I10S. . (b)to a person providing services to the Secretary of State or the Northern Ireland Department. 13(2) modified (6.4.2018) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2018 (S.I. . (1)Proceedings for an offence under section 45 alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association. . In this section and sections 51 and 52, . [F76A reference in this subsection to a scheme does not include a scheme to which section 30(11)(a) or (b) applies.]. 1 para. 2014/2377, art. (a)may provide for a court or tribunal on which jurisdiction is conferred by the relevant provisions to have jurisdiction, in respect of offences or other matters, for the purposes of any provision as it applies by virtue of the regulations; (b)may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents required for prosecutions) proceedings for offences under any provision as it applies by virtue of the regulations; (c)may provide that such proceedings may not be brought without such consent as may be required by the regulations. This Part has effect in relation to employment by or under the Crown as it has effect in relation to other employment. Except in prescribed circumstances, the scheme actuary is the actuary appointed under section 47(1)(b) of the Pensions Act 1995 (c. 26) (professional advisers) in relation to the scheme. . Sec. 2020/372), The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2021 (S.I. 2012/1257, reg. 15. . . . . 2019/192), regs. 40 partly in force; s. 40 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 40(1)(a)-(c)(2)-(5) in force so far as not already in force and s. 40(1)(d) in force for certain purposes at 30.6.2012 by S.I. . (4)Where the trustees have power to make rules, an order under section 67 may provide. . 2020/372), arts. 1(2), 3(a), F138Words in s. 99 substituted (retrospective to 5.7.2010) by Pensions Act 2011 (c. 19), s. 29(3)(8); S.I. A pension scheme satisfies the requirements of this section if, it is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12), and. 2010/772, regs. 2. 22(b); S.I. 2014/623), art. . For the purposes of arrangements under subsection (3) regulations may require information to be provided to any person by the employer or. (b)in the case of a person within subsection (6)(b) or (c), if the trade union or advice centre is the employer or an associated employer, (c)in the case of a person within subsection (6)(c), if the worker makes a payment for the advice received from the person, or. Note on Act No. . ], F140S. 2(1)(2)(a), Sch. 7 para. . . . 2012/1477, regs. . [F111(4A) In this section the Tribunal, in relation to a reference under this section, means. . . . . 14.The trustee corporation may, subject to an order or rules 15.The validity of proceedings of the trustee corporation, a committee Authentication of the trustee corporation's seal. . 2014/2377, art. 10. (3)On a reference to [F110the Tribunal] in respect of a notice, the effect of the notice is suspended for the period beginning when the Tribunal receives notice of the reference and ending, (a)when the reference is withdrawn or completed, or. to furnish the Regulator with an explanation of any document or information required under subsection (1); to attend before the Regulator at such time and place as may be specified in the notice under that subsection to furnish any such explanation. when the reference is withdrawn or completed, or. . . 2012/1682, art. In carrying out a review, the Regulator must consider any representations made by the person to whom the notice was issued. . ], F49S. 89 applied by 1993 c. 48, s. 123(3A) (as inserted (11.9.2014) by Pensions Act 2014 (c. 19), ss.
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