Commentary on Sections PART 1 – Pension Scheme Membership for Jobholders CHAPTER 1 – Employers’ Duties Section 5: Automatic re-enrolment
This section sets out the duty on employers to periodically automatically “re-enrol” into an automatic enrolment scheme jobholders who are aged at least 22 and under pensionable age who are not already members of a qualifying scheme.
As with automatic enrolment, this obligation does not apply if the jobholder chose to end membership, in that employment, within a prescribed period before the re-enrolment date (subsection (4)). This is to prevent re-enrolment soon after the jobholder has chosen to leave the scheme.
There is a power which enables the Department to make regulations to deem an agreement to exist between the jobholder and the provider for the purposes of subsection (2) where the employer fulfils their employer duty obligation by automatically enrolling the jobholder into a personal pension scheme that meets prescribed conditions (subsection (7)).