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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48210
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have written a pension policy. I have included

Resolved Question:

Hi I have written a pension policy. I have included information on how to opt out is this allowed? i know we cannot encourage this but are we able to put how to opt out in a Policy?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello I'm Ben and I will try and help you. What have you written into the policy exactly that allows people to opt out. Thank you.
Customer: replied 1 year ago.
Hi i have written that they have the option to opt out if they want to but need to contact our pensions provider in order to opt out.This is what the Policy syas excatly:Opting-outEligible jobholders, and non-eligible jobholders who have opted in, have a right to opt out of the pension scheme within one month of the latter of becoming an active member and receiving the required information from LAL. This is known as the statutory opt-out window.For Information on Opting Out of the Pension scheme please contact The Peoples Pension direct.When a worker opts out within this one-month statutory window, LAL will treat the worker as if he or she had never joined, and give the worker a refund of contributions (less any tax that is due).Workers can opt out of the Pension scheme after they have been automatically enrolled. You cannot opt out in advance of being enrolled or receiving the required information from LAL.LAL by law will need to auto-enrol eligible jobholders even if they have told their employer that they do not wish to join a pension scheme.Where a jobholder wants to opt out, he or she must put this request in writing to the HR Manager. A jobholder who has previously opted out of the pension scheme may opt back in by submitting a written request to the HR Manager.Workers who Opt out of the scheme beyond the one-month window may not be entitled to a refund of contributions.
Expert:  Ben Jones replied 1 year ago.
Hello, thanks for your patience, I just had to consult over this with a colleague but we both agreed that the wording you have in place is acceptable. You are not allowed to encourage employees to opt out as that could amount to inducement and is unlawful. However, the wording you have does not encourage employees to opt out – it simply provides them with information on what they have to do in order to opt out, however the decision on whether they opt out is entirely theirs. As such you would be safe in proceeding with the proposed wording. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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