The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/772
Year2010
(1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 and shall come into force on F551st July 2012, immediately after the time when the amendments made by the Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2012 come into force .(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2) In these Regulations—
  • the Act” means the Pensions Act 2008;
  • the 1993 Act” means the Pension Schemes Act 1993;
  • the 1995 Act” means the Pensions Act 1995;
  • applicable pay reference period” means—
    • (a) a period of one week; or
    • (b) in the case of a jobholder who is paid their regular wage or salary by reference to a period longer than a week, that period;
  • automatic enrolment date” has the meaning given by section 3(7) (automatic enrolment) of the Act;
  • automatic re-enrolment date” means the date determined in accordance with regulation 12;
  • enrolment date” means the date determined in accordance with regulation 18(6) ;
  • enrolment information” has the meaning given by regulation 2;
  • jobholder information” has the meaning given by regulation 3;
  • joining notice” means a notice given under section 9(2) (workers without qualifying earnings) of the Act;
  • opt in” means the jobholder's right under section 7(3) of the Act (jobholder's right to opt in) by notice to require the employer to arrange for the jobholder to become an active member of an automatic enrolment scheme;
  • opt in notice” means a notice given under section 7(3) (jobholder's right to opt in) of the Act;
  • opt out” means the jobholder's right to give notice under section 8 (jobholder's right to opt out) of the Act;
  • opt out notice” means a notice in the form set out in the F29Schedule 1 ;
  • opt out period” means the period determined in accordance with regulation 9(2) or (3) ;
  • staging date” means the date on which sections 2 to 8 of the Act first apply in relation to the employer.
  • In these Regulations “enrolment information” means the information described in paragraphs 1-15,
  • name;date of birth;postal residential address;gender;automatic enrolment date, automatic re-enrolment date or enrolment date, as the case may be, or for a jobholder to whom regulation 28 or 29 applies, the date mentioned in regulation 7(1) as modified by regulation 28 or 29, as the case may be;national insurance number;the gross earnings due to the jobholder in any applicable pay reference period;the value of any contributions payable to the scheme by the employer and the jobholder in any applicable pay reference period, where this information is available to the employer;postal work address;individual work e-mail address, where an individual work e-mail address is allocated to that jobholder; andpersonal e-mail address, where the employer holds this information.(2) For the purposes of paragraph (1) (h) , “the value” of contributions may be expressed as a fixed amount or a percentage of any qualifying earnings or pensionable pay due to the jobholder in any applicable pay reference period.(1) This regulation applies for the purposes of sections 1(1) (c) , 3(1) (c) and 5(1) (c) of the Act (jobholders, automatic enrolment and automatic re-enrolment) .(2) The pay reference period in respect of a person is determined in accordance with paragraph (3) or paragraphs (4) and (5) , whichever the employer may decide.in the case of a person who is paid their regular wage or salary by reference to a period of a week, the period of one week;in the case of a person who is paid their regular wage or salary by reference to a period longer than a week, that

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