# The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015, Regulation 4: Determination that an earner was in contracted-out employment


(1) This regulation applies where—
(a) an earner (“E”) has been in employment, during a period in which employment of the same description as E’s employment was contracted-out, but E’s employment was not (apart from this regulation) contracted-out in relation to E; and
(b) the Commissioners are satisfied—
(i) that the employment was not contracted-out in relation to E solely because E was not, during that period, a member of the relevant scheme; and
(ii) that E, during that period, was not a member of that scheme solely because of inadvertence.
(2) Where this regulation applies, the Commissioners may determine that E was in contracted-out employment by reference to that scheme during that period.

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Source: https://www.legislation.gov.uk/uksi/2015/1677/regulation/4 (the official version)
Page: https://openlegislation.uk/occupational-pension-schemes-schemes-that-were-contracted-out-no2-regulations-2015/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.