# The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010, Regulation 29: Arrangements to achieve active membership


The arrangements prescribed in regulations 6, 7 and 8 are prescribed for the purposes of section 3(2) (automatic enrolment) of the Act as modified by section 30(5) (transitional period for defined benefits and hybrid schemes) of the Act, but with the following modifications—
(a) for regulation 6 substitute—
“6. An employer must meet the obligation in section 3(2) (automatic enrolment) of the Act by entering into arrangements with—
(a) the trustees or managers of an automatic enrolment scheme which is a defined benefits scheme or a hybrid scheme, so that, before the end of a period of one month beginning with the closure date, a jobholder to whom section 3 of the Act applies becomes an active member of that scheme with effect from the closure date; or
(b) the trustees or managers of an automatic enrolment scheme which is a money purchase scheme, so that before the end of a period of one month beginning with the closure date a jobholder to whom section 3 of the Act applies becomes an active member of that scheme with effect from the automatic enrolment date.”.
(b) in regulations 7 and 8 for all references to “the automatic enrolment date” substitute “the closure date”; and
(c) at the end of regulation 7 add—
“(4) At the request of the jobholder the employer must, for the period prescribed in paragraph (5), deduct any contributions which would have been payable by the jobholder to the scheme in respect of the period beginning on the automatic enrolment date and ending on the closure date, from any qualifying earnings or pensionable pay due to the jobholder in any applicable pay reference period.
(5) For the purposes of paragraph (4), the prescribed period is a period of—
(a) 5 years beginning with the date on which section 3 (automatic enrolment) of the Act comes into force in accordance with provision made by order by the Secretary of State under section 149(1) of the Act; or
(b) such shorter period as is agreed between the jobholder and the employer.
(6) For the purposes of this regulation and regulation 6 “closure date” has the meaning given by section 30(4) (transitional period for defined benefits and hybrid schemes) of the Act.”.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111491652/regulation/29 (the official version)
Page: https://openlegislation.uk/draft-occupational-and-personal-pension-schemes-automatic-enrolment-regulations-2010/regulation-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.