Section 2 — Pensions Act 2008: Continuity of scheme membership

Continuity of scheme membership 2 1 If a jobholder is an active member of a qualifying scheme, the employer must not take any action, or make any omission, by which (without the jobholder ceasing to be employed by the employer)—

a the jobholder ceases to be an active member of the scheme, or b the scheme ceases to be a qualifying scheme.

2 Subsection (1) is not contravened if the jobholder remains an active member of another qualifying scheme.

3 Subsection (1) is not contravened if by virtue of section 5 the jobholder becomes an active member of an automatic enrolment scheme with effect from—

a the day after the cessation referred to in paragraph (a) or (b) of subsection (1), or b a day within the prescribed period (if a period is prescribed).

4 Subsection (1) is not contravened if the action or omission is at the jobholder's request.

5 In this Part as it applies in the case of any jobholder, references to a qualifying scheme are references to a pension scheme which is a qualifying scheme in relation to that jobholder (see section 16).