Regulation 5E Winding-up lump sumF1

England, Wales and Scotland

(1)

This regulation applies to a worker where—

(a)

that worker has received a winding-up lump sum as defined in paragraph 10 of Schedule 29 to the Finance Act 2004 (winding-up lump sums) (“paragraph 10”);

(b)

at the time the winding-up lump sum was paid, the worker was employed by the person mentioned in sub-paragraph (1)(c) of paragraph 10; and

(F2c)

during the period of 12 months beginning with the date on which the winding-up lump sum was paid—

(i)

the worker has ceased to be employed and been re-employed by that person; and

(ii)

after re-employment, either section 3(1) (automatic enrolment) or 5(1A) or (1B) (automatic re-enrolment) of the Act applies to the worker.

(2)

In relation to the worker to whom this regulation applies—

(a)

during the period of 12 months beginning with the date on which the winding-up lump sum was paid—

(i)

sections 3(2) and 5(2) of the Act are to be read as if for “must” there were substituted “may”; and

(ii)

sections 7 and 9 of the Act do not apply; and

(b)

after the expiry of that period, section 3(2) of the Act does not apply.

Annotations

Textual amendments

F1: Regs. 5B-5F inserted (1.4.2015) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2015 (S.I. 2015/501), regs. 1, 5
F2: Reg. 5E(1)(c) substituted (6.4.2016) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/311), regs. 1(1), 4(2)

Notes on Part 1A

Textual amendments

F1: Pt. 1A inserted (2.7.2012) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1477), regs. 1, 2
F2: Words in Pt. 1A heading added (1.4.2015) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2015 (S.I. 2015/501), regs. 1, 4