Section 30 Transitional period for defined benefits and hybrid schemesI1

Subsection (3) applies if, in relation to a person who on the employer's first enrolment date is a jobholder to whom section 3 applies, the conditions in subsection (2) are satisfied, and continue to be satisfied during the transitional period for defined benefits and hybrid schemes.

The conditions are that—

F3If by the end of the prescribed period the employer has given the jobholder notice that the employer intends to defer automatic enrolment until the end of the transitional period for defined benefits and hybrid schemes, section 3 has effect in relation to the jobholder with the substitution for subsection (2) of the following subsection—

“(2)

The employer must make prescribed arrangements by which the jobholder becomes

F4(a)

an active member, with effect from the end of the transitional period for defined benefits and hybrid schemes, of an automatic enrolment scheme which is a defined benefits scheme,F5 or

(b)

a defined benefits member, with effect from the end of that period, of an automatic enrolment scheme which is a hybrid scheme. F6A reference in this subsection to a scheme does not include a scheme to which section 30(11)(a) or (b) applies. ”

If F7a notice is given under subsection (3) and at any later time in the transitional period for defined benefits and hybrid schemes the condition in subsection (2)(c) or (d) of this section ceases to be satisfied, subsection (5) applies instead of subsection (3) (and the day after the last day on which that condition is satisfied is referred to as “the closure date”).

Where this subsection applies, section 3 has effect in relation to the jobholder with the substitution for subsection (2) of the following subsection—

“(2)

The employer must make prescribed arrangements by which the jobholder either—

(a)

becomes an active member, with effect from the closure date, of an automatic enrolment scheme which is a defined benefits scheme F8other than a scheme to which section 30(11)(a) applies,

F9(aa)

becomes a defined benefits member, with effect from the closure date, of an automatic enrolment scheme which is a hybrid scheme, F10other than a scheme to which section 30(11)(b) applies

(b)

becomes an active member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a money purchase scheme F11or personal pension scheme.

F12(c)

becomes a money purchase member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a hybrid scheme,

F13(d)

becomes an active member, with effect from the automatic enrolment date, of an automatic enrolment scheme which is a defined benefits scheme to which section 30(11)(a) applies, or

(e)

becomes a defined benefits member , with effect from the automatic enrolment date, of an automatic enrolment scheme which is a hybrid scheme to which section 30(11)(b) applies.”

If the jobholder becomes a member of a scheme under arrangements made under subsection (2)(b) of that section (as substituted by subsection (5))—

Where subsection (3) or (5) of this section F15 applies—

section 5(2) does not apply in relation to an automatic re-enrolment date that falls before the day with effect from which arrangements would by virtue of this section fall to be made in respect of the jobholder.

The Secretary of State may by regulations make provision about the form and content of a notice under subsection (3).

The transitional period for defined benefits and hybrid schemes is a prescribed period beginning with the day on which section 3 comes into force.

In this section, the “employer's first enrolment date” means the first day on which section 3 applies in the case of the employer (where that day falls within the transitional period for defined benefits and hybrid schemes).

For the purposes of this section—

In subsection (2) references to a scheme do not include—