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[The page and line references are to HL Bill 50, the bill as first printed for the Lords.] |
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1 | Page 1, line 7, leave out “an employee or” and insert “a” |
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2 | Page 1, line 8, leave out “a” and insert “the worker’s” |
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3 | Page 1, line 10, leave out from “earnings” to end of line 11 and insert “are payable |
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| by the employer in the relevant pay reference period (see sections 12 and 14)” |
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4 | Page 2, line 4, leave out from “which” to end of line 6 and insert “(without the |
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| jobholder ceasing to be employed by the employer)— |
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| (a) | the jobholder ceases to be an active member of the scheme, or |
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| (b) | the scheme ceases to be a qualifying scheme.” |
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5 | Page 2, line 28, leave out subsection (5) and insert— |
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| “(5A) | For the purposes of arrangements under subsection (2) regulations may |
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| require information to be provided to any person by the employer or— |
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| (a) | where the arrangements relate to an occupational pension scheme, |
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| the trustees or managers of the scheme; |
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| (b) | where the arrangements relate to a personal pension scheme, the |
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| (5B) | For the purposes of arrangements made under subsection (2) in relation to |
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| a personal pension scheme, regulations may deem an agreement to exist |
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| (subject to section 7) between the jobholder and the provider of the scheme |
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| for the jobholder to be an active member of the scheme on terms and |
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| conditions determined in accordance with the regulations.” |
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6 | Page 2, line 39, leave out from “that” to “the” in line 41 and insert “in prescribed |
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7 | Page 3, line 5, leave out from “which” to end of line 6 and insert “within the |
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| (a) | the person ceases to be an active member of the scheme, or |
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| (b) | the scheme ceases to be a scheme of the relevant kind.” |
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8 | Page 3, line 8, at end insert— |
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| “( ) | A scheme ceases to be a scheme of the relevant kind, in the case of any |
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| person, if it ceases to have a feature by reference to which regulations under |
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| this section operated so as to postpone the automatic enrolment date in that |
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9 | Page 3, line 21, after “jobholder” insert “— |
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10 | Page 3, line 22, at end insert “, or |
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| (b) | gave notice under section 7.” |
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11 | Page 3, line 22, at end insert— |
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| “( ) | Subsection (2) is subject to section (Timing of automatic re-enrolment)(6).” |
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12 | Page 3, line 23, leave out subsection (5) and insert— |
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| “(5A) | For the purposes of arrangements under subsection (2) regulations may |
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| require information to be provided to any person by the employer or— |
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| (a) | where the arrangements relate to an occupational pension scheme, |
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| the trustees or managers of the scheme; |
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| (b) | where the arrangements relate to a personal pension scheme, the |
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| (5B) | For the purposes of arrangements made under subsection (2) in relation to |
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| a personal pension scheme, regulations may deem an agreement to exist |
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| (subject to section 7) between the jobholder and the provider of the scheme |
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| for the jobholder to be an active member of the scheme on terms and |
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| conditions determined in accordance with the regulations.” |
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13 | Page 3, line 29, leave out from “regulations” to end of line 33 |
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14 | Insert the following new Clause— |
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| “Timing of automatic re-enrolment |
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| (1) | Regulations under section 5(6) must either— |
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| (a) | secure that for any jobholder there is no automatic re-enrolment |
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| date less than three years after the jobholder’s automatic enrolment |
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| date, and that there is not more than one automatic re-enrolment |
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| date in any period of three years, or |
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| (b) | secure that for any employer there is not more than one automatic |
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| re-enrolment date in any period of three years. |
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| (2) | Subsection (1) does not restrict the provision that regulations may make |
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| about the timing of a jobholder’s automatic re-enrolment date (“the |
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| relevant date”) in the following cases. |
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| (3) | The first case is where the jobholder became an active member of a scheme |
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| in accordance with regulations under section 4 and— |
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| (a) | at any time before the end of the minimum period under that |
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| section, the jobholder ceases to be an active member of the scheme |
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| or the scheme ceases to be a scheme of the relevant kind for the |
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| purposes of that section, |
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| (b) | that event is not the effect of any action or omission by the jobholder |
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| (c) | the relevant date is the jobholder’s first automatic re-enrolment |
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| (4) | The second case is where— |
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| (a) | at any time after the jobholder’s automatic enrolment date, the |
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| jobholder ceases to be an active member of a qualifying scheme or |
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| a qualifying scheme of which the jobholder is an active member |
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| ceases to be such a scheme, |
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| (b) | that event is not the effect of any action or omission by the jobholder |
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| (c) | the relevant date is the jobholder’s first automatic re-enrolment |
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| (5) | The third case is where— |
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| (a) | there is a period beginning at any time after the jobholder’s |
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| automatic enrolment date during which the requirements of section |
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| 1(1)(a) or (c) are not met (so that the person is not a jobholder for |
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| (b) | the relevant date is the jobholder’s first automatic re-enrolment |
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| (6) | Where subsection (3) applies— |
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| (a) | section 5(2) has effect as if the reference to an automatic enrolment |
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| scheme were, in relation to the relevant date, a reference to a |
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| scheme (“the new scheme”) of the kind referred to in subsection |
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| (b) | section 4(2) to (4) apply in relation to the new scheme as they |
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| applied in relation to the scheme referred to in subsection (3).” |
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15 | Page 4, line 6, leave out subsection (5) and insert— |
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| “(5A) | For the purposes of arrangements under subsection (3) regulations may |
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| require information to be provided to any person by the employer or— |
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| (a) | where the arrangements relate to an occupational pension scheme, |
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| the trustees or managers of the scheme; |
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| (b) | where the arrangements relate to a personal pension scheme, the |
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| (5B) | For the purposes of arrangements made under subsection (3) in relation to |
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| a personal pension scheme, regulations may deem an agreement to exist |
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| (subject to section 7) between the jobholder and the provider of the scheme |
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| for the jobholder to be an active member of the scheme on terms and |
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| conditions determined in accordance with the regulations.” |
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16 | Page 4, line 23, leave out from “applies” to “(arrangements” in line 24 and insert |
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| “on any occasion when arrangements under section 3(2), 5(2) or 6(3) apply to a |
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17 | Page 4, line 26, leave out subsections (2) to (6) and insert— |
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| “(2) | If the jobholder gives notice under this section— |
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| (a) | the jobholder is to be treated for all purposes as not having become |
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| an active member of the scheme on that occasion; |
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| (b) | any contributions paid by the jobholder, or by the employer on |
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| behalf or in respect of the jobholder, on the basis that the jobholder |
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| has become an active member of the scheme on that occasion must |
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| be refunded in accordance with prescribed requirements. |
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| (3) | Regulations under subsection (2)(b) may, in particular, make provision |
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| (a) | the time within which contributions must be refunded; |
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| (b) | how the amount to be refunded is calculated; |
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| (c) | the procedure for refunding contributions. |
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| (4) | The Secretary of State may by regulations make further provision in |
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| relation to notices under this section. |
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| (5) | The regulations may in particular make provision— |
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| (a) | as to the form and content of a notice; |
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| (b) | as to the period within which a notice must be given; |
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| (c) | as to the person to whom a notice must be given; |
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| (d) | requiring any person to make prescribed arrangements for enabling |
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| (e) | requiring any person to take prescribed action in consequence of a |
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| notice (in addition to any action prescribed under subsection |
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18 | Page 4, line 43, after “signed” insert “or otherwise authorised” |
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19 | Page 5, line 17, leave out “rules” |
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20 | Page 5, line 32, leave out paragraph (a) |
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21 | Page 6, line 30, leave out “at any time” |
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22 | Page 6, line 30, after “period” insert “of 12 months” |
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