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Not necessarily. Workplace pensions have a limit on how much they can charge employees (the ‘Annual Management Charge’) of 0.75%, and many old policies charge more than this, which means they can’t be used for workplace pensions. And the provider may not allow the policy to be used as a workplace pension. If it doesn’t meet the workplace pensions ‘qualifying criteria’ then the old scheme, however generous, must be closed down and a new compliant workplace pension scheme must be set up before your deadline. ‘I’ve checked, and none of my staff are interested in joining a workplace pension, so I’m not setting one up...’
This could get you into big trouble with The Pensions Regulator! If you have eligible employees aged between 22 and state pension age who earn over £10,000 a year, then you must enrol them into a workplace pension, whether they like it or not. And staff who fall outside of these age and earnings criteria have a right to opt into a pension scheme if they want to, unless their earnings are very low. Once enrolled, employees need to read the pension provider’s welcome pack and it’s only then that an employee can make an informed decision as to whether to opt out of the scheme. ‘I don’t need to do anything about this until 3 months after my deadline, or Staging Date, because I can postpone enrolment for 3 months, so I’ll worry about it then.’
We’ve helped many employers who have fallen foul of this one. If you’re planning to implement postponement for 3 months from your Staging Date it’s a legal requirement that you notify your staff of this by way of a written postponement notice, within 6 weeks of your Staging Date. If you haven’t issued this legal notice to your staff then you can’t postpone, and contributions are due from your Staging Date onwards. The sting in the tail is that employer will have to pay not only their own backdated employer contributions but also the employee’s backdated contributions. ‘I have less than 5 staff, so I’m not affected…’
This myth comes from the old Stakeholder pension legislation, which hasn’t applied since 2012. Workplace pensions are the law for businesses with one eligible employee or more.‘I’m not complying, and nobody will ever know…!’
Unfortunately, The Pensions Regulator has a direct line to HMRC and they receive regular updates about the employees you pay and how much they earn. Alarm bells won’t ring at the Regulator’s office until 5 months after your staging date, when they expect to have received your declaration to confirm you’ve set up your scheme. If a declaration is not sent to the Regulator, this will trigger an investigation.So what are the repercussions of non-compliance? A straightforward breach, such as forgetting to complete your declaration of compliance in time, can result in a fine of £400, but if you’ve blatantly ignored the law then the fines are eye-watering, at £500-£1,000 a day for a small business, rising to £10,000 a day for larger businesses. Swindon Town FC was in the headlines in 2016, having been fined over £20,000 for failing to meet their duties. There are quite a few online do-it-yourself pension solutions out there, many of which don’t offer you a choice of pension scheme or publicise their fees and charges until you sign up. Some pension schemes will charge a set-up fee, others an ongoing fee. Some schemes are cheap for the employer to set up but have high charges for employees going forwards. It’s a bit of a minefield. Business owners must be able to justify their choice of scheme to their employees if challenged, but unless they fully understand what they’re signing up to, then how can they?Our Bespoke, FastTrack and Simply Conform solutions are tailored to suit any size of business and are aimed at business owners who would rather not do it themselves. We’re independent of any one pension provider so we can help you to choose the right scheme for your staff and your budget. And we do it all for you to save you time, ensure compliance, and get the right messages out to your employees. We can also help out on the payroll side as we run a busy payroll bureau – our pensions knowledge certainly comes in handy here!If you would like to talk through your circumstances with an auto-enrolment expert, please give us a call on 0800 160 1233 or email email@example.com . We’ve got lots of useful information and guidance on our website if you need it: http://www.aefasttrack.com/
We’ve had an exceptionally busy week last week, including advising and supporting three companies who had missed their staging dates for auto-enrolment. So we have a topical blog this week in which I would like to explain the consequences of late compliance.
We’ve spoken to a number of employers who are keen to get their employees into a workplace pension scheme straight away, rather than waiting for their deadline, or staging date, which is set by The Pensions Regulator.
Why on earth would anyone want to do this any earlier than they have to?! Actually, we’ve come across quite a few reasons why…
One of our smaller clients, a car sales company with 11 employees, could ill-afford pay increases, so they decided to introduce their workplace pension scheme early instead of giving pay rises this year. To do so is more tax efficient for the business. The employees still receive a positive benefit rather than a nil pay increase, and the employer can offset the cost of their contribution against profits, reducing its corporation tax bill.
Pension schemes are a very attractive employee benefit these days, which is why so many businesses have them up and running already. Candidates are becoming increasingly aware of the perks of each job they apply for. You wouldn’t want to miss out on the best employees because your benefits were less attractive than those of a competitor….
Some businesses have more than one PAYE scheme under the company ‘umbrella’. Businesses in this position tend to align later staging dates with their earliest staging date to save time and costs. It’s more practical to deal with all of your businesses in one go and, importantly, it’s helps staff morale if they are all treated equally regardless of the PAYE scheme they belong to (especially if staff share office premises).
A larger client of ours wanted to introduce their workplace pension at the beginning of their company year because that’s when they award pay increases. Aligning your staging date with the start of your financial year can be a cleaner approach from an accounting perspective in terms of setting budgets and calculating pay increases.
If you want to bring your staging date forward, The Pensions Regulator’s website holds a list of possible brought forward dates you can choose from. Visit www.thepensionsregulator.gov.uk for more information.
You’ll need to bear in mind that if you bring your staging date forward, you can’t change it back again – the new date will apply and fines can be imposed if you miss your new deadline.
As always, getting the right advice at the outset is really important. If you would like to talk through your circumstances with an auto-enrolment expert, please give us a call on 0800 160 1233. We’ve got lots of useful information and guidance on our website if you need it: http://www.aefasttrack.com/
It’s fair to say that the most important decision you’ll make around auto-enrolment is the choice of pension scheme for your employees. Selecting the right provider at the outset can potentially save you and your employees many thousands of pounds over the lifetime of the scheme. So how do you go about choosing the right scheme for your business?
The government imposed a cap on charges for workplace pension schemes of 0.75% to make sure they offered good value for money - this is called the Annual Management Charge (AMC) and it’s a charge against your employees’ funds each year. Many providers have set their AMC at the top of the cap, but if you shop around you’ll find quite a few ranging from 0.5% up to the cap.
It can be quite tricky for a normal person (i.e. a non-pensions geek) to find out what a pension scheme’s charges are, because they’re not always clearly evident on the provider’s website. And the AMC isn’t the only charge to think about. Some schemes charge a monthly fee to the employer to use their scheme, which can be as much as £100 a month; others charge the employer a set-up fee, which is payable over and above any advice you may receive from your advisor. It’s well worth doing the research to find out what’s best for your business, or appointing an experienced advisor who can find out for you.
But it’s not all about charges – you need to know that the provider is well-established and their business is well governed. You want to make sure your employees’ pensions are in safe hands. You should expect a broad investment selection and good, steady history of performance. Customer service and payroll integration are also important factors in saving time and costs going forwards.
Understand what you’re signing up to – is it a master trust or a commercial provider? Many master trusts are not-for-profit organisations and all are set up as occupational pension schemes, governed by Trustees who must act in the best interests of their members. Commercial providers are for-profit and are set up as personal pension schemes. Your advisor will be able to explain the pros and cons of each, but it’s important that you understand what type of scheme you’re signing up to.
So the message is clear: don’t just go for an easy ‘default’ option - it’s really worthwhile spending a bit of time at the outset to choose your scheme carefully. If you think you might need to set up a scheme, or would like to talk through your circumstances, please give our friendly and experienced team a call on 0800 160 1233. We’ve got lots of useful information and guidance on our website if you need it: http://www.aefasttrack.com/
Nobody used to talk about pensions much… how things have changed! Anyone who runs a business nowadays will have to get to grips with pensions very soon, and most will already have had a reminder from The Pensions Regulator telling them that they’ve got to set up one of these new-fangled workplace pension schemes if you employ one or more eligible employee. ‘Don’t ignore the workplace pension!’ says Workie, the government’s new and friendly blue and purple pensions monitor.
‘But none of my staff will want to join a pension scheme…’ I hear you say! This might be wishful thinking, because statistics show that around 90% of staff are staying in their workplace pension scheme rather than opting out.
What an employer might not realise is that they still have to set up a pension scheme, whether or not their eligible employees decide to opt out of it – there’s no getting around it. People basically have to be ‘in’ before they can opt out of the scheme. Employees don’t have to do anything to be in (that’s the automatic bit), but they do have to fill in a form to opt out. So is it apathy that’s leading to high levels of take up, or are employees really happy to be in?
Being an optimistic pensions geek, I’d like to think it’s the latter. Employees are getting a very good deal out of their workplace pensions. Fund charges are low, and not only do they get free money from their employer through compulsory employer contributions, they also get full tax relief on their own pension contributions. Then there’s the tax relief they receive on investment returns, and 25% tax free cash at retirement. And you can do so much more with your pension these days, including cashing it all in at once, or taking it bit by bit.
It’s not just good news for the employee – the employer gets tax relief too as their contributions can be deducted as an expense, reducing the amount of taxable profit. And a good pension scheme will help to attract and retain the right sort of people.
The difficult bit is getting these positive messages across to employees so that opt out rates stay low. The loss of the state second pension (S2P) next year will hit youngsters hard, and if they want to retire on more than just the basic state pension then they’d better start saving now!
When approaching your staging date, you need to think about payroll administration and auto-enrolment together, because the two are intrinsically linked when it comes to your workplace pension.
Setting up your workplace pension is only half the story, because it's your payroll software that will need to assess and categorise your staff every time you pay them, it should calculate and deduct the correct level of pension contributions and it will help you to correctly enrol your eligible employees. Your payroll administrator will need to upload a pension file to your chosen provider each month to confirm the contributions to be allocated to each employee.
Your payroll software should generate statutory letters for you because you’ll need to write to employees to tell them how they will be affected by auto-enrolment – are they to be auto-enrolled or can they opt in? How much will it cost? Who is your chosen provider? What must they do if they want to opt out or opt in? These letters are a legal requirement and must contain specific information set out by law.
Don’t assume your payroll software is ready to go. If you run your payroll in-house, chances are you’ll need to upgrade your software to include an ‘auto-enrolment module’ to deal with this administration (often at a cost), and you’ll have to learn a bit about pensions before you can use it – follow the software provider’s instructions to the letter! If you choose the wrong tax relief basis or pensionable salary, for example, it’s a real headache to unpick errors once the contributions have been deducted from pay and paid to the pension provider. And beware: the HMRCs free PAYE tool doesn’t do auto-enrolment at all.
If you’ve outsourced your payroll to a good bureau or your accountant, then should have upgraded their software and done their training, but we’re still coming across the odd payroll administrator who doesn’t offer full admin support and expects you to carry out assessments, statutory communications and data uploads to the provider. If you don’t want to do this yourself, then now’s the time to move your payroll. There are plenty of payroll administrators who will happily do this for you, including the Auto-Enrolment Bureau.
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What do our customers think..?
"We wanted to embrace Auto-Enrolment to get good pensions in place for our team early. We interviewed a couple of companies to assist us, and Sarah gave a very good case for her company. We are confident that we made the right decision! From selecting the right provider, through to setting up the systems and even presenting to our staff, Sarah and her team were excellent. I don't hesitate recommending the Auto-Enrolment Bureau to anyone looking to enrol their company. My only words of advice are, do it early!"
Richard Hardstaff, Director, Polydron (UK) Ltd