Automatic Enrolment Retirement Savings System Act 2024
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Right to opt in | ||
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53. (1) Where a person who is not a participant makes an application under this section and the Authority determines by reference to a date (the “proposed enrolment date”) that the person is entitled under subsection (2) to opt in, the Authority shall assign that date as the person’s enrolment date. | ||
(2) A person is entitled under this subsection to opt in if on the proposed enrolment date— | ||
(a) the person has reached the age of 18 years and is under pensionable age, and | ||
(b) the person is an employee in employment that is not exempt employment. | ||
(3) Where a participant who has opted out makes an application under this section and the Authority determines by reference to a date (the “proposed re-enrolment date”) that the participant is entitled under subsection (4) to opt in, the Authority shall assign that date as the person’s re-enrolment date. | ||
(4) A participant is entitled under this subsection to opt in if on the proposed re-enrolment date the participant— | ||
(a) is under pensionable age, and | ||
(b) is an employee in employment that is not exempt employment. | ||
(5) Where the Authority determines under subsection (1) or (3) that a person is not entitled to opt in, it shall refuse the application and notify the participant in writing of the refusal. | ||
(6) A notice under subsection (5) shall— | ||
(a) give the reasons for the refusal, and | ||
(b) state that the person is entitled to a review of the determination under section 114 . | ||
(7) Where the Authority determines under subsection (1) or (3) that a person is entitled to opt in, the Authority shall give notice of the determination and of the enrolment date referred to in subsection (1) or the re-enrolment date referred to in subsection (3) to any person treated for the purposes of the determination as that person’s employer in employment that is not exempt employment. | ||
(8) An employer to whom notice is given under subsection (7) shall give notice of the determination and the enrolment date or re-enrolment date, as the case may be, to the employee concerned. | ||
(9) An employer to whom notice is given under subsection (7), who fails to give notice of the determination and the enrolment date or re-enrolment date in accordance with subsection (8), is guilty of an offence. |