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DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Sesame Bankhall Group.

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Presentation on theme: "DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Sesame Bankhall Group."— Presentation transcript:

1 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Sesame Bankhall Group Advice to business owners workshop Jeremy Leslie-Smith Industry liaison manager November 2014 Automatic enrolment Employer duties and a regulatory update The information we provide is for guidance only and should not be taken as a definitive interpretation of the law.

2 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Topics Why is automatic enrolment being introduced? What employers need to do Staging dates and overall timetable Who are your workers? Worker categories and the duties and rights for pension scheme enrolment Communicating with workers Qualifying earnings and the automatic enrolment processes Postponement Opt-ins and Opt-outs Monitoring worker status and re-enrolment Keeping records Declaration of compliance (registration)

3 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. As a society we are living longer, healthier lives. There are currently four people of working age for every pensioner  by 2050 there will be just two. Millions of people are under-saving for their retirement. Only 1 in 3 private sector workers were in a pension scheme in 2012  and the trend has been downwards for the last 40 years. The reforms being introduced now will help millions of individuals to save more (or save for the first time) for their retirement. 7 million people are under-saving Why is automatic enrolment being introduced?

4 DM2847614 v2F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Proportion of all employees in a workplace pension In 1997, 55% of employees were members of a workplace pension scheme, falling to 47% in 2012, prior to the introduction of automatic enrolment. In April 2013, 85% of public sector and 36% of private sector employees were in a workplace pension. Implementation of automatic enrolment commenced in 2012.

5 DM2777032 v7C These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. What’s happened so far … As at the end of September 2014 33,660 employers have completed their Declaration of Compliance (Registration), covering over 19m workers, of which: around 4.7m people were automatically enrolled; and 9.1m were already in a qualifying scheme; 426k workers had the Transitional Period applied; and 4.9m were ‘none of the above’.

6 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Staging profile (volumes of employers) Planning ahead is key. Very large volumes staging from January 2016 Q1 2015/16 peak includes small and micro employers

7 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Automatic enrolment legislation gives employers a duty to: automatically enrol all eligible jobholders communicate to workers providing timely and appropriate information allow non-eligible jobholders to Opt-in and entitled workers to join manage Opt-outs within the Opt-out period and promptly refund contributions automatically re-enrol all eligible jobholders every three years complete declaration of compliance (registration) with the Regulator keep records, and maintain payments of contributions. The employee safeguards state that employers:  must not induce workers to Opt-out or cease membership of a scheme  must not indicate to a potential jobholder that their decision to Opt-out will affect the outcome of the recruitment process Overview of legal duties and safeguards

8 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. What employers will need to do Know when you need to be ready Provide a point of contact Develop your initial plans Find out who to enrol Choose your software and check records Choose a pension scheme Automatically enrol your staff Tell your staff Complete your declaration of compliance (registration) Maintain records Fulfil ongoing responsibilities

9 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Planning timeline - www.tpr.gov.uk/plannerwww.tpr.gov.uk/planner

10 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Staging The employer duties apply to each employer from their staging date: –the duties apply to all of the employer’s workers from that date. The staging date is based on the number of people in the employer’s PAYE scheme(s) as of 1 April 2012: –any subsequent changes in PAYE size or usage have no effect on the staging date. Generally, larger employers will stage before smaller ones: –new employers* will go last, from May 2017. Oct 2012 May 2017 April 2014 June 2015 Large employers Medium employers Small/micro employers New * employers Feb 2018 *Employers that did not exist (or were not using a PAYE) as of 1 April 2012. Do not assume you know the number of people - use our tool

11 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Who are your workers? Employers will have duties for workers that are: aged 16 to 74 (inclusive), and who work or ordinarily work in the UK*, and it does not matter if they are full or part-time, permanent or temporary. There may be other people who will also be included: overseas workers, who are considered ordinarily working in the UK. Workers will include: employees, and people (excluding directors) who are not employees, who are personal services workers. * the Channel Isles and the Isle of Man are outside the UK

12 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Are they a personal services worker? The employer needs to judge whether or not an individual (who is not a director) with a contract to perform work or services personally is undertaking the work as part of their own business. Does the employer: –have control over an individual’s method of work (eg hours worked)? –provide any employee benefits? –bear all the significant financial risks in carrying out the work (eg the worker is not financially responsible for their faulty work)? –provide what is required for the individual to carry out the work (eg tools)?  If most or all of the above are true, then it would be reasonable to consider that they are not undertaking the work as part of their own business – and they are a personal services worker. The list above is not exhaustive and an employer must take into account all relevant considerations and make a reasonable judgement.

13 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Who is excluded? Exclusions from automatic enrolment duties include: some office-holders who are not considered workers, (eg non-executive director, trustee or elected member), but are only excluded for the activities they carry out as an office holder serving members of the military are not workers, and a company with only one employee, if that employee is also a director of that company (but only for the work they carry out for that company). 

14 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Who is the worker’s employer? For a worker who works under a contract of employment (an employee) or who is a personal services worker directly contracted to perform work for the company who pays them:  the employer will be the legal entity named in the contract. Otherwise: –for a worker who is supplied by an agent to a third party, to perform work personally, under a contract or arrangement between the agent and the third party, then: the agent or third party will be the agency worker’s employer, depending on which is responsible for paying the worker or, if it cannot be determined who is responsible for paying the worker, then whichever actually pays the worker will be considered as their employer.

15 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Qualifying earnings Age range 16-2122-SPA*SPA*-74 Under £5,668 † pa Between £5,668 pa and up to £9,440 † pa Non-Non-Eligible Jobholder Non-Eligible Jobholder Eligible Jobholder More than £9,440 † pa Non-Eligible Jobholder * SPA = State Pension Age ** Figures for 2014/15 Under £5,772** pa Between £5,772 pa and up to £10,000** pa More than £10,000** pa Eligible jobholder Employer must automatically enrol eligible jobholders into an automatic enrolment pension scheme Worker categories NonNon-eligible jobholder -Eligible Jobholder Non-eligible jobholder Non-eligible jobholder Non-eligible jobholders can Opt-in to an automatic enrolment pension scheme Entitled worker Can request to join a pension scheme

16 DM1995429 v17L This presentation remains the property of The Pensions Regulator. The content of these slides should not be altered in any way Thresholds v Pay Reference Periods (PRP) 2014-15 † For other PRP durations, multiply the number of weeks in the PRP by the weekly amount (eg £192.00) or number of months by the monthly amount (eg £833.00) etc - or pro-rata if not an exact multiple of any of the above. N.B. The Secretary of State will review these figures each tax year. Pay Reference Period † Lower Earnings Threshold (LET) Earnings trigger for automatic enrolment Upper Earnings Limit Annual£5,772 pa£10,000 pa£41,865.00 pa Bi-annual£2,886.00£4,998.00£20,933.00 1 quarter£1,443.00£2,499.00£10,467.00 1 month£481.00£833.00£3,489.00 4 weeks£444.00£768.00£3,221.00 Fortnight£222.00£384.00£1,611.00 1 week£111.00£192.00£805.00

17 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Assessing your workers Employers will need to assess all their workers on their staging date –unless they choose to use ‘postponement’ (described in later slides). All qualifying earnings must be used to assess a worker’s category (ie eligible jobholder, non-eligible jobholder or entitled worker). Qualifying earnings is any component of pay that could be considered one of these pay elements (an employer should use their reasonable judgement): –salary/wages, commission, bonuses, overtime and some statutory payments (excluding expenses and dividends). Eligible jobholders must be automatically enrolled into a suitable scheme –but any active member of a ‘qualifying’ pension scheme with that employer will not need to be automatically enrolled. After the staging date, employers will have to: –assess all new workers who join them –assess some workers every pay period (see planning tool ‘ongoing responsibilities’) –assess some workers again every three years.

18 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Check suitability of payroll and IT systems What software will you use to carry out: –assessment –enrolment –communications, and –calculation of pension contributions This is likely to require data held by payroll and HR systems. Choices: –payroll software, and/or –non-payroll software or service (can be referred to as “middleware”)  this may be offered by the pension scheme provider.

19 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Pensionable earnings Pensionable earnings can be based on qualifying earnings OR another definition (eg basic pay). When qualifying earnings are used to determine pensionable pay: –pension contributions are determined by the rules of the scheme, and –will be based on banded earnings between the lower earnings threshold and upper earnings limit (currently £5,772*pa and £41,865*pa). If pensionable earnings are not based on qualifying earnings, the employer can self certify** if the scheme meets certain minimum criteria: –‘Set 1’ - if basic pay from £1 is pensionable, or –‘Set 2’ - if at least 85% of total pay (scheme average) is pensionable, or –‘Set 3’ - if 100% of total pay is pensionable. * Pro-rata of annual amount used in each Pay Reference Period. These figures are for 2014-2015. The Secretary of State will review this amount each tax year. ** For further details see the DWP guidance document: www.gov.uk/government/uploads/system/uploads/attachment_data/file/307083/money-purchase-schemes- guidance.pdf www.gov.uk/government/uploads/system/uploads/attachment_data/file/307083/money-purchase-schemes- guidance.pdf

20 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. What pension schemes can be used? must be registered in the UK or EEA* must have no barrier to automatic enrolment must be a qualifying scheme Automatic enrolment scheme Qualifying scheme must be tax registered: and meet minimum criteria Workers already active members of a qualifying scheme do not need to be automatically enrolled Must be used for automatic enrolment and ‘Opt-ins’ Employers will need to contribute to the pension scheme *European Economic Area states Employers may also use a qualifying scheme or an automatic enrolment scheme for entitled workers Scheme for entitled workers scheme is registered Employers are not required to make an employer contribution

21 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Min DC 8% total * Min DC 5% total * Minimum DC 2% total contribution* DC scheme minimum contributions Oct 2018 Oct 2017 * % of qualifying earnings Feb 2018 Minimum DC 1% employer contribution* Min DC 2% employer * Min DC 3% employer * Phase 1 Phase 2 Phase 3 Oct 2012 May 2017 April 2014 June 2015 Large employers Medium employers Small/micro employers New employers

22 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Using an existing pension scheme If you have an existing scheme, what can you use it for? Is it a qualifying scheme and does it satisfy the minimum criteria? –If it is not a qualifying scheme, it may be possible to change the scheme rules, so that active members would not need autoenrolment. –If it is a contract-based scheme: the employer and pension provider need to have a signed agreement (where the employer commits to pay the legal minimum employer contributions), and it is likely to need a jobholder agreement for each active member (an agreement by the member to pay the difference between the employer contributions and the legal minimum total contribution). Do you also want to use this scheme to automatically enrol your workers? –Your existing scheme provider may not allow it be made an automatic enrolment scheme (eg the scheme provider would need to provide Opt-out forms on request).

23 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Postponement Postponement suspends the duty of automatic enrolment and the need to assess and can be used: –at the employer’s staging date for any or all existing workers –on the first day of employment for any new joiner after the staging date, and –on the date a worker meets the criteria to be an eligible jobholder. Only one postponement per worker can be made at a given time. Each worker can be postponed from one day up to maximum of three months. The employer must notify any postponed worker within six weeks and a day of the start of postponement. The worker has the right to Opt-in or join during postponement. Employer must assess on the last day of postponement and: –automatically enrol eligible jobholders, and –for those workers not eligible, monitor them each future pay period. Postponement does not change or delay the staging date

24 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Opting-in and joining Entitled workers can request to join a scheme at any time. Non-eligible jobholders can Opt-in at any time. Eligible jobholders can Opt-in during postponement. On receipt of any request, employers need to: –assess the worker, to see if they are a jobholder or entitled worker, then –enrol jobholders into an automatic enrolment scheme, and –enrol entitled workers into a scheme of the employer’s choice. A jobholder must not be required to carry out any further action to achieve active membership (eg the pension scheme should have a default fund).

25 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. ‘Opting-out’ Workers automatically enrolled (or who have opted in) may ‘Opt-out’. Employer must inform staff of their right to Opt-out and how to Opt-out. The employer must not give out or send out ‘Opt-out’ forms: –requests to ‘Opt-out’ must be handled by the scheme provider, and –completed forms would normally be sent to the employer. A one calendar month Opt-out window starts on the later of two dates: once the worker is an active member of the pension scheme, or when the employer issues a notice of enrolment letter/email to the worker. The worker will get a full refund of all contributions. Early Opt-outs (before the Opt-out window starts) – are not allowed. After the Opt-out window has closed, the worker may still request to cease membership of the pension scheme (under the scheme rules).

26 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Communicating to workers At staging, employers will need to communicate* to all their workers, (including existing pension scheme members). Employers need to inform workers of their rights and whether they are being automatically enrolled or postponed. The deadlines for communication are: –two months after staging; for existing scheme members, or –within six weeks for all other communications. Communications must be sent directly to the individual (eg by letter, email, HR web portal). We have provided example ‘template’ letters, which may be customised. * See our planning tool and ‘communicate to staff’

27 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Re-enrolment The re-enrolment date is every three years from the employer’s staging date. However, an employer may choose to move their re-enrolment date to any day, up to 3 months before, or after, the third anniversary. The employer will need to continue to assess any workers they are monitoring* every pay reference period. In addition, any person who, on the re-enrolment date: –is not an active member of a qualifying scheme, and –has opted out or ceased membership more than 12 months ago...  will need to be re-assessed and, if an eligible jobholder, automatically enrolled. * See our planning tool and ‘ongoing responsibilities’

28 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Record-keeping Employers must keep records* about their workers and the pension scheme used to comply with the employer duties (pension providers and trustees will also have duties to keep records). An employer can use electronic or paper filing systems to keep or store any records, as long as these records can be produced in a legible way. Most records must be kept for six years. Those that relate to opting out must be kept for four years. The records must be provided to The Pensions Regulator, on request. We can conduct an inspection, if we have reasonable grounds to do so (for example, this may be as a result of a whistleblower alert). * See planning tool and ‘keep records’

29 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Declaration of compliance (registration) Employers must complete a declaration of compliance (registration) The deadlines are: –five months after the staging date and –two months after every re-enrolment date. Employers may receive a penalty fine if they do not complete their declaration on time. Employers will need to provide certain details, for example: –which pension schemes were used to comply with the duties, and –the number of eligible jobholders automatically enrolled into each scheme. All postponements applied at the staging date must have come to an end before the declaration can be completed. You can start the online process early and partially complete your declaration.

30 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Any questions?

31 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Useful links Staging date tool: www.tpr.gov.uk/employers/tools/staging-date.aspx www.tpr.gov.uk/employers/tools/staging-date.aspx Planning tool: www.tpr.gov.uk/planner www.tpr.gov.uk/planner The essential guide to automatic enrolment: www.tpr.gov.uk/employers/e-brochure/index.html www.tpr.gov.uk/employers/e-brochure/index.html Our detailed guides for employers and pension professionals: www.tpr.gov.uk/pensions-reform/detailed-guidance.aspx www.tpr.gov.uk/pensions-reform/detailed-guidance.aspx Information about declaration of compliance (registration): www.tpr.gov.uk/declaration www.tpr.gov.uk/declaration Letter templates for employers: www.tpr.gov.uk/employers/letter-templates-for-employers.aspx www.tpr.gov.uk/employers/letter-templates-for-employers.aspx 6 month leaflet www.tpr.gov.uk/docs/automatic-enrolment-six-month-leaflet.pdf www.tpr.gov.uk/docs/automatic-enrolment-six-month-leaflet.pdf

32 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Useful links continued… More information about pensions and automatic enrolment: The Association of British Insurers: www.abi.org.uk/pensionproviders www.abi.org.uk/pensionproviders The National Association of Pension Funds: www.napf.co.uk www.napf.co.uk National Employment Savings Trust: www.nestpensions.org.uk www.nestpensions.org.uk Independent Financial Advisers: www.unbiased.co.uk www.unbiased.co.uk www.vouchedfor.co.uk The Pensions Regulator: www.tpr.gov.uk/docs/selecting-a-good-automatic-enrolment-scheme.pdf www.tpr.gov.uk/docs/selecting-a-good-automatic-enrolment-scheme.pdf www.tpr.gov.uk/docs/introduction-code-13.pdf

33 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Useful links continued… Webinars: Automatic enrolment – dispelling the myths www.tpr.gov.uk/press/webinar-automatic-enrolment-dispelling-the-myths.aspx Identifying your workforce and calculating minimum contribution levels www.tpr.gov.uk/press/webinar-identifying-workforce-calculating-minimum- contribution.aspx Implementing automatic enrolment systems and pension schemes www.tpr.gov.uk/press/webinar-implementing-automatic-enrolment-systems- schemes.aspx Automatic enrolment – are you ready? www.tpr.gov.uk/press/webinar-automatic-enrolment-are-you-ready.aspx Automatic enrolment registration. www.tpr.gov.uk/press/webinar-automatic-enrolment-registration.aspx Automatic enrolment question time. www.tpr.gov.uk/press/webinar-automatic-enrolment-question-time.aspx

34 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Resources There is a ‘We’re all in’ poster available to download on our website (you can add your company name and logo) at www.tpr.gov.uk/employers/raising-awareness-about-automatic-enrolment.aspx

35 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. We are here to help! Contact us at: www.tpr.gov.uk/contact-us.aspx www.tpr.gov.uk/contact-us.aspx Subscribe to our news by email: https://forms.thepensionsregulator.gov.uk/subscribe.aspx https://forms.thepensionsregulator.gov.uk/subscribe.aspx Connect with us on LinkedIn: www.linkedin.com/groups?gid=2675456 www.linkedin.com/groups?gid=2675456 Follow us on Twitter: https://twitter.com/TPRgovuk https://twitter.com/TPRgovuk Thank you The information we provide is for guidance only and should not be taken as a definitive interpretation of the law.

36 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Additional slides

37 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. DC self certification during phasing period Up to 1 st Oct 2017 1 st Oct 2017 to 30 th Sept 2018 From 1 st Oct 2018 Pensionable Salary (Basis of % Contributions) Set 1 (Tier 1) 2% Employer / 3% Total 3% Employer / 6% Total 4% Employer / 9% Total Scheme Definition (if >= basic pay from £1) Set 2 (Tier 2) 1% Employer / 2% Total 2% Employer / 5% Total 3% Employer / 8% Total  85% of Total Pay (scheme average) Set 3 (Tier 3) 1% Employer / 2% Total 2% Employer / 5% Total 3% Employer / 7% Total 100% of Total Pay

38 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Summary of deadlines (for deadlines ending from 1 April 2014) Action/CommunicationDeadline Letter to existing qualifying pension scheme members at staging 2 months after staging Letter to workers who are not already in a qualifying pension scheme at staging 6 weeks after staging Joining window, enrolment notifications and transitional period notices 6 weeks from the assessment date (eg before midnight of Monday 12 May, if assessed Tuesday 1 April). Opt-out window1 month - from the latest of when: the enrolment notification is issued, and active membership is achieved. Postponement notices6 weeks from the day after the assessment date (eg before midnight Tuesday 13 May, if assessed on Tuesday 1 April). Complete declaration of compliance (registration) after staging 5 months after staging Complete declaration of compliance after re-enrolment2 months after re-enrolment Normal contribution payments to scheme provider22 nd day of the month following the month of deduction (19 th day for non-electronic payments). New member contribution payments to scheme provider (for all deductions made in first 3 months of membership) 22 nd day (for electronic payments) of the first month, following a three month period starting the day active membership is effective (19 th day for non-electronic payments) eg enrolments 2 January to 1 February = e-payment deadline is 22 May.

39 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. What to communicate to workers On staging, workers already members of a qualifying pension scheme must be provided with information* about the scheme. Non-eligible jobholders and entitled workers must be provided with information* telling them about their right to Opt-in or join a pension scheme. For eligible jobholders being automatically enrolled (and non-eligible jobholders being enrolled after opting in) they must be provided* with: information about their enrolment, what it means for them, including the contributions, and their right to Opt-out. Workers subject to a postponement need to be given key information* such as the length of the postponement period and their rights to Opt-in or join. * See Useful links for template letters

40 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Is Eddie a worker? Eddie is a self employed graphic designer. He works regularly for a company, Acme Workshops Ltd. His role is unique. He designs (and, if necessary, prints on his own equipment) all the flyers and magazine ads. He also designs and updates their website and forum. Eddie is very important to Acme Workshops’ marketing strategy. It is a nightmare when Eddie is too busy working for other customers, because his contract with Acme does not permit him to send a replacement. Eddie works unsupervised and, generally, he works from home, but sometimes he works in the offices of Acme Workshops. Eddie invoices Acme Workshops at the end of each campaign design and guarantees the quality of his material. Question 1 - Should Acme Workshops consider Eddie to be their worker?

41 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Is Eddie a worker? Eddie is a self employed graphic designer. He works regularly for a company, Acme Workshops Ltd. His role is unique. He designs (and, if necessary, prints on his own equipment) all the flyers and magazine ads. He also designs and updates their website and forum. Eddie is very important to Acme Workshops’ marketing strategy. It is a nightmare when Eddie is too busy working for other customers, because his contract with Acme does not permit him to send a replacement. Eddie works unsupervised and, generally, he works from home, but sometimes he works in the offices of Acme Workshops. Eddie invoices Acme Workshops at the end of each campaign design and guarantees the quality of his material. Eddie cannot reasonably be considered a worker, as: i) he is not an employee ii) he sometimes uses his own equipment iii) he works unsupervised and iv) he guarantees the quality of his work 

42 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Is Georgina a worker? Georgina is a self employed IT professional who works full time for Acme Workshops Ltd. Georgina supports Acme Workshops’ in house payroll system and is very important to Acme Workshops and no one else has the expertise to do her work when she’s on holiday. Georgina works in Acme Workshops’ payroll team, alongside Acme Workshops’ own employees in their offices, but sometimes she is allowed to work from home. Georgina invoices Acme Workshops at the end of each month based on the number of days she has worked. Should Acme Workshops consider Georgina to be their worker?

43 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Is Georgina a worker? Georgina is a self employed IT professional who works full time for Acme Workshops Ltd. Georgina supports Acme Workshops’ in house payroll system and is very important to Acme Workshops and no one else has the expertise to do her work when she’s on holiday. Georgina works in Acme Workshops’ payroll team, alongside Acme Workshops’ own employees in their offices, but sometimes she is allowed to work from home. Georgina invoices Acme Workshops at the end of each month based on the number of days she has worked. Should Acme Workshops consider Georgina to be their worker? Georgina can reasonably be considered a worker, because: she is supervised by Acme (needs permission to work at home) she works in their offices (uses their office equipment and supplies), and she is paid a daily rate (the completed work is not guaranteed) 

44 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Automatic enrolment and Opt-outs Window for possible Opt-out period Latest possible date Opt-out period ends (unless invalid Opt-out extends Opt-out period to 6 weeks) 1 month Earliest possible date Opt-out period ends Latest date by which active membership and provision of jobholder information and enrolment information must be achieved and therefore the latest possible start date for 1 month Opt-out period. 6 weeks Joining window Backdating of scheme membership to the automatic enrolment date Earliest possible start date for 1 month Opt-out period 1 month

45 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. 6 weeks Timescales for postponement at staging 6 weeks Joining window Backdating of scheme membership to the automatic enrolment date Up to 3 months postponement Staging date Assessment date/ automatic enrolment date (for eligible jobholders) Opt-ins could be received from this date Latest date by which active membership and provision of jobholder information and enrolment information must be achieved. Postponement notices must be issued by this date (for staff postponed on the staging date)

46 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Opt-in – one calendar month pay reference period 6 weeks Joining window Staging date Earliest Opt-in enrolment date (for monthly paid jobholders) Opt-in request received in this period 1 month PRP Latest date by which active membership and provision of jobholder information and enrolment information must be achieved. Backdating of scheme membership to the enrolment date 1st

47 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Opt-in – one tax month pay reference period 6 weeks Joining window Staging date Earliest opt-in enrolment date (for monthly paid jobholders) If opt-in request is received in this period (1 st to 5 th inclusive, if not past payroll cutoff) 1 month PRP Latest date by which active membership and provision of jobholder information and enrolment information must be achieved. Backdating of scheme membership to the enrolment date 1st6th 5th6th5th6th

48 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Scenario A Assessment date on first day of PRP Yes UK worker aged 22 to SPA? No statutory duty to enrol No Staging date 31 st C 1 st RP0P0 C RP1P1 C RP2P2 31 st 30 th Yes Total QE paid in PRP > earnings trigger ? No Staging and a calendar month PRP Pay reference period runs from 1 st to last day of each month Assessment date is 1 April Total qualifying earnings may not be known until payroll cutoff or later. If the worker needs to be automatically enrolled: First deduction needs to made in payday P1 on 28 April Opt-out window may not start until after deduction taken Scheme contribution based on 100% of May pensionable pay. Monthly pay reference period (PRP) Key: C – Payroll cutoff R – Payroll run P – Payday Issue letter to worker and set up active membership Opt-out window could start 28 th Automatic enrolment triggered March April May

49 DM 2750193 v3F These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Scenario B Assessment date on 1st day of month Yes UK worker aged 22 to SPA? No statutory duty to enrol No 5 th C 6 th RP0P0 C RC RP2P2 5 th Yes Total QE paid in PRP > earnings trigger ? No Staging date Monthly pay reference period (PRP) Key: C – Payroll cutoff R – Payroll run P – Payday Opt-out window could start P1P1 Feb March April Issue letter to worker and set up active membership Automatic enrolment triggered 28 th 1 st Staging with a tax month PRP Pay reference period runs from 6 th day to 5 th day of each month Assessment date on 1 April (ie the staging date) is after the March payday P1 on 28 March Total qualifying earnings (in PRP 6 March to 5 April) assessed using old tax year earnings thresholds. If the worker needs to be automatically enrolled (from 1 April): First deduction needs to made in the next payday P2 on 28 April Opt-out window could start before first deduction taken Contribution based on scheme rules (eg for a legal min scheme, based on 100% of April’s qualifying earnings).


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