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DWP to ban forceful pension scheme opt outs

24 June 2008

The Department for Work and Pensions (DWP) has announced that encouraging or forcing workers not to save in a workplace pension will become unlawful under proposed changes to the Pensions Bill.

Minister for Pensions Reform Mike O'Brien said the DWP intends to amend the current Pensions Bill during the Lords stages to prohibit employers from offering "inducements" - such as higher salaries or one-off bonuses - which encourage workers to opt out.

The amendment will also cover circumstances where employers simply try to force their workers to opt out. This will leave individuals free to decide if they want to be a member of a workplace pension scheme. The ban would come into effect with the introduction of auto-enrolment from 2012.

The Pensions Regulator will be responsible for enforcement of the prohibition on inducements.

Where employers flout the rules against inducements, the Pensions Regulator would have the power to require employers to put the worker back in the position they would have been in had they not been induced out of the scheme, by paying any arrears of contributions due, and could ultimately impose penalties where employers fail to comply.

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