Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Rules definition

What does Rules mean? Rules describes the written provisions that govern how a pension scheme operates—especially occupational pension schemes—usually contained in, or annexed to, the trust deed (trust deed and rules). Legislation refers to these as scheme rules (for example, Pensions Act 1995 and Pensions Act 2004 in the UK, and the Pensions Act 1990 in Ireland). Scheme rules set out eligibility, benefit structure (defined benefit or defined contribution), contributions, service and accrual, retirement options and ages, revaluation/indexation, ill‑health and death benefits, transfers in and out, leaver provisions, forfeiture, augmentation, priority on winding‑up, discretions and decision‑making, and the scheme’s amendment and termination powers. They also...

Contractual Enrolment into Workplace Pensions: Interaction with Auto-enrolment, Employer Duties, Qualifying Scheme Requirements and Key Differences (England and Wales)

Published by a LexisNexis Pensions expert

Practice notes

THIS PRACTICE NOTE APPLIES ONLY TO PENSION SCHEMES IN ENGLAND AND WALES

What is contractual enrolment?

Contractual enrolment happens when workers are placed into a pension scheme through the terms of their employment contract and, by incorporation, the scheme Rules. By comparison, auto-enrolment brings workers into a qualifying scheme automatically under the statutory framework in the Pensions Act 2008 (PenA 2008).

The main benefit of contractual enrolment is that if an employer contractually enrols all its workers into a qualifying pension scheme—including those whom it is not required by law to auto-enrol—it does not have to assess every worker under the auto-enrolment regime. For this reason, contractual enrolment is often considered a simpler route than auto-enrolment.

However, the interaction between contractual enrolment and the auto-enrolment regime can create administrative complexity or uncertainty. Employers should therefore record which workers have joined contractually and which have been enrolled automatically, to ensure compliance with the correct legal duties. The Pensions Regulator has published guidance to assist employers in meeting their obligations under the auto-enrolment regime...

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Web page updated on 21/05/2026

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