Automatic Enrolment Retirement Savings System Act 2024
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Determinations subject to internal review | ||
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114. (1) This section applies if a person makes a request in writing to the Authority in accordance with the requirements set out in subsection (2) for a review of any of the following: | ||
(a) a determination of the Authority under section 50 that the applicant satisfies or does not satisfy the conditions for enrolment in subsection (2) of that section; | ||
(b) a determination of the Authority under section 51 whether— | ||
(i) an occupational pension scheme (within the meaning of section 51 ) in relation to which the applicant is a member, or an employer any of whose employees are members, is a qualifying occupational pension scheme, | ||
(ii) a PRSA (within the meaning of section 51 ) in relation to which the applicant is a contributor, or an employer any of whose employees are contributors, is a qualifying PRSA, | ||
(iii) a trust RAC (within the meaning of section 51 ) in relation to which the applicant is a member, or an employer any of whose employees are members, is a qualifying trust RAC, or | ||
(iv) a PEPP (within the meaning of section 51 ) in relation to which the applicant is a contributor, or an employer any of whose employees are contributors, is a qualifying PEPP; | ||
(c) a determination of the Authority under section 53 that the applicant does not satisfy the conditions for entitlement to opt in under subsection (2) or (4) of that section; | ||
(d) a determination of the Authority under section 55 that the applicant satisfies or does not satisfy the conditions for re-enrolment in subsection (2) of that section; | ||
(e) a determination of the Authority under section 85 that the applicant does not satisfy the conditions for a withdrawal under subsection (1) of that section; | ||
(f) a determination of the Authority under section 47 of the gross pay of the applicant or an employee of the applicant. | ||
(2) The requirements referred to in subsection (1) are that the request— | ||
(a) is submitted to the Authority— | ||
(i) within 30 days of the applicant receiving notice of the determination, or | ||
(ii) where the request relates to a determination referred to in paragraphs (a), (b), (d) or (f) of subsection (1), within such longer period as the Authority may consider just and equitable in all the circumstances to allow, | ||
(b) states the reasons why the determination should be changed, and | ||
(c) is in a form that complies with any requirements published by the Authority on a website maintained by or on behalf of the Authority. | ||
(3) On receiving a review request, the Authority shall appoint a member of its staff to review the relevant determination. | ||
(4) Subject to subsection (5), the reviewer shall, as soon as is practicable after being appointed and in any case within such period as may be prescribed, make a decision— | ||
(a) determining whether or not, for any reason stated in accordance with subsection (2)(b), the relevant determination should be changed, and | ||
(b) accordingly either— | ||
(i) confirming the relevant determination, or | ||
(ii) substituting for the relevant determination any determination that the reviewer considers appropriate in accordance with this Act. | ||
(5) If a review request does not comply with the requirements in subsection (2), the reviewer shall dismiss the request and give notice to the applicant of the dismissal and the reasons for it. | ||
(6) As soon as is practicable after making a decision under subsection (4), and in any case within such period as may be prescribed, the reviewer shall— | ||
(a) give notice in writing to the applicant of the decision, the reasons for it and the financial effect, if any, of the decision under section 118 , and | ||
(b) inform the applicant— | ||
(i) of his or her right to appeal the decision under section 116 , and | ||
(ii) of the procedure for making an appeal. | ||
(7) The reviewer shall give a copy of the decision under subsection (4) and the reasons for it to— | ||
(a) the person responsible for the relevant determination, and | ||
(b) in the case of a review of a determination specified in paragraph (b) or (f) of subsection (1), any person treated for the purposes of the determination, or any substituted determination, as an employer in employment that is not exempt employment, if different to the applicant. | ||
(8) Where a decision under subsection (4) substitutes a determination regarding whether employment is exempt employment, the employer in that employment shall notify all affected employees of the decision and any financial effect that the decision has under section 118 . | ||
(9) A decision under subsection (4) takes effect at the end of the period referred to in section 116 (1), unless an appeal is brought under that section. | ||
(10) The Minister may make regulations in relation to the procedures for the conduct of reviews under this section, which may include procedures relating to the time limits for the deciding of reviews under subsection (4) and the giving of notices under subsection (6). |