Automatic Enrolment Retirement Savings System Act 2024 section 53

Right to opt in

Section 53 provides for individuals who are not currently participants in the automatic enrolment system to voluntarily opt in, and for participants who have previously opted out to opt back in, subject to certain conditions.

• A non-participant may apply to opt in if, on the proposed enrolment date, they are aged 18 or over but under pensionable age and are an employee in non-exempt employment.
• A participant who has previously opted out may apply to opt back in if, on the proposed re-enrolment date, they are under pensionable age and are an employee in non-exempt employment.
• If the Authority refuses an application, it must notify the applicant in writing, giving reasons and informing them of their right to a review under section 114.
• Where an application is approved, the Authority must notify the employer, who must in turn notify the employee — failure by the employer to pass on this notice is a criminal offence.