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Our latest Blogs about Auto-Enrolment


Will you get a visit from The Pensions Regulator?

6 top tips on how to ensure you have complied with workplace pensions, when the pension regulator contacts you. 

As part of their ongoing enforcement activity, The Pensions Regulator announced yesterday that spot checks will be carried out on employers across the UK to make sure they’re complying with their workplace pensions duties.  The Regulator plans to visit businesses from a range of industry sectors, including those who they’ve identified as being more at risk of failing to meet their duties, such as the hospitality and retail sectors.  If you’re selected for a visit, you’ll be given a short period of notice before the inspection. 

 

During the spot checks the Regulator will investigate any non-compliance, help employers get back on track or take enforcement action where necessary.  The Regulator has made it clear that deliberate non compliance won’t be tolerated.

 

So if the Regulator comes calling, what can you do to ensure you’ve complied?  Here are a few quick pointers:-


  1. Firstly, make sure you choose a qualifying pension scheme that meets all of the legal requirements of a workplace pension.
  2. Set up your workplace pension before your staging date, even if you’re planning to use postponement.
  3. Make sure you send the correct statutory postponement letters, enrolment letters and non-qualifying letters to your staff within the legal timescales. 
  4. Check pension contributions really carefully the first time they’re calculated by your payroll software – check that the tax relief basis, the pensionable salary basis and the contribution rates are in line with what you’ve agreed with your pension provider, and pay these pension contributions to your pension provider on time, before the 19th of the following month.
  5. Not many people are aware of Scheme Certification, which is a requirement if you’ve chosen a pensionable salary definition of Basic Salary, Total Earnings or a Basic Salary with an underpin.  You’ll need to set up your Certificate at staging and re-certify every 12 to 18 months.
  6. Finally, keep records about your staff’s assessments, contributions and eligibility each pay period, for at least 6 years, and keep information about your pension provider and scheme design.

 

 

If you’re worried about compliance and want to get it right, please get in touch, and if you’ve found this video useful please like our Facebook page and follow us on Twitter.


Employing your spouse? You are still an employer

I met a lovely chap this week, he was a doctor and I had met with him to talk about a workplace pension for his team of medical secretaries.

Whilst we were chatting, he mentioned that he, like many other GPs and consultants, employed his wife as an administrator.  His accountant had advised him that this would be beneficial for tax purposes.  What he hadn’t realised, was that because he paid his wife more than £10,000 a year, he would also need to set up a workplace pension for her.

As this arrangement had been in place for sometime (before April 2012), his Staging Date, the date by which he has to set up a pension scheme, could be anywhere between 1 June last year and 1 April 2017, depending on his PAYE reference.

This doctor has the same duties to his wife as a traditional business, such as coffee shop  or estate agent, with employees.  He must set up a workplace pension scheme enrol his wife, deduct pension contributions from her pay and pay employer contributions on top of her salary.

If he fails in this duty, then The Pensions Regulator has the power to levy some pretty hefty fines.

Hopefully, I made him aware in time, and his staging date hasn’t yet passed, but I’m still waiting to hear.

Even if his wife earned less than £10,000 a year, he would still need to take some action.  See my earlier blog  “I don’t think any of my staff are eligible for Auto-Enrolment, do I need to do anything?”

If you think you might need to set up a scheme, or would like to talk through your circumstances, 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/


Who is on the naughty list this Christmas?

The Pensions Regulator recently issued updated statistics on the number of time it had "used its powers" over the last quarter. The number of Compliance Notices issued, where an employer has failed to meet their auto-enrolment duties, has quadrupled compared to the previous quarter with 469 compared to 119.

 

There has been a 70% increase in the number of notices issued, where employers have either paid contributions late, or not at all, and a 50% increase in the number of fines issued.

 

Some of the excuses are along the "my dog ate my homework" line, with one employer disputing a notice on the grounds he never received it, even though The Pensions Regulator has a telephone recording of him acknowledging receipt!

 

The majority of non-compliance has been unintentional on the employer’s part, with business owners perhaps putting off the job of sorting their workplace pension until the last minute. This is the theme of The Pensions Regulator’s latest awareness campaign, with Workie, the big fluffy workplace pension, who most definitely shouldn’t be ignored.

 

Since the introduction of auto-enrolment in 2012, more than 60,000 employers have been affected by the new workplace pensions legislation. Most employers so far have completed their duties on time but with 500,000 businesses due to reach their staging date over the next 12 months, the number of compliance notices and fines is expected to rise.

 

There is some good news in The Pensions Regulator’s latest bulletin though. 9 out of 10 employers staging over the next few months had begun to prepare already. Levels of awareness and understanding of the issues around workplace pensions within small businesses has also significantly improved.

 

 

If you think you might need to set up a scheme, or would like to talk through your circumstances, 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/


All my staff want to opt out...

This is a phrase I have heard a few times lately. I’m no psychologist, so I don’t know if this is wishful thinking on the part of an employer who doesn’t want to set up a pension scheme and pay into it, or if employees really don’t want to save for their retirement, for whatever reason that may be. 

 

The way auto-enrolment has been devised is that it works on apathy – eligible employees are enrolled into a pension automatically (hence the name!) and must make a conscious decision and take action themselves if the don’t want to be in. This is why the opt-out rate is so low at between 8%-14%.

 

‘Bob’ is an employer and he is convinced that all his employees want to opt out. Bob says that he doesn’t trust pensions and none of his employees will be able to afford to pay in anyway.

 

Unfortunately for Bob, he still has to meet all his duties as an employer and set up a pension scheme by his staging date. He must enrol his eligible staff and pay contributions. 

 

The first set of contributions must be deducted and paid to the pension provider. On receipt of these contributions the provider will send out membership information directly to the employees. 

 

The only way an employee can opt out of the pension scheme is by contacting the pension provider once thy have received their joining pack. 

 

Employees can’t ask Bob to opt them out of the scheme. They can’t opt out before they’ve joined the scheme either.

 

If an employee opts out within the first month, their membership is undone and they will receive a refund. If they ask to leave the scheme after this time they won’t receive a refund and their contributions will need to stay in the scheme until they retire.

 

Bob must not encourage his staff to opt out or tell potential new employees that they will have a better chance at getting the job if they opt out of the scheme. The penalty for this behaviour is a hefty fine from The Pensions Regulator.

 

There’s no getting away from it, if you have employees who earn over £833 a month and are aged between 22 and state pension age, you WILL have to set up a pension scheme. If your employees earn less than this or are outside the age range, read our blog here to understand what duties might still apply to you.

 

If you think you might need to set up a scheme, or would like to talk through your circumstances, 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/


Should I DIY Auto-enrolment?

The Pensions Regulator has relaunched their website to make it more accessible and relevant to small businesses.  As more and more businesses are staging, many of them will chose a DIY route.  It may seem a cheap way of meeting your duties, but is it really worth it? 

DIY Auto-Enrolment

It’s cheaper*

You will need to research auto-enrolment.  How does it affect you? When do you need to do it by? What do all these new terms mean? How much will it cost you?

You will need to pick a scheme – research the market, choose a provider and product.

You will need to design the scheme, choosing  pay reference periods, setting a  postponement policy and contribution basis.

You will need to set up the scheme with the provider and provide your payroll administrator with the details so that they can set it up on the payroll.

You will need to tell your staff that you have set up a scheme and explain how it will affect them in terms of cost, timing, postponement and benefits.

If you run your own payroll, you will need to assess your staff at your staging date, and every pay reference period after that.

You will need to issue statutory communications not just at staging, but for every payroll run thereafter, where there’s a change to someone’s AE status.

You will need to calculate contributions, notify the pension provider of those contributions, deal with opt ins, opt outs and refunds.

You will need to keep records of the scheme you have set up and the assessment details each payroll.

You will need to submit your declaration of compliance to The Pensions Regulator

*How much is your time worth?  Will your scheme be easy to administer?  Are you handling joiners and leavers correctly?  Have you chosen the most cost-effective contribution basis?  Is your scheme good value for money?  How safe is the pension scheme?

Auto-Enrolment supported by us

Auto-enrolment jargon is clarified - our qualified auto-enrolment experts will explain everything in plain English.

You’ll get expert advice to make sure that every aspect of your scheme design fits your business needs.  Choosing the right design can keep costs down for you and your employees.  

We’ll explain all of the technical stuff - how you can use pay reference periods and postponement to make the admin easier and, potentially, cheaper.  We’ll make sure that you get tax relief right.

We’ve done the market research, so we know which schemes are suitable, which ones charge a monthly fee to small companies, and which ones only accept large companies or monthly payrolls.  We also know which ones require minimum contributions or charge extra for fund switches. 

If you use our AE FastTrack service, we will explain why we are happy to recommend The People’s Pension, a scheme we have chosen based on its merits (see blog post).  If you use our Bespoke service, we’ll carry out a full market review of pension schemes to help you choose one.

We’ll set up the scheme for you and provide a document that tells your payroll administrator all they need to know, and it covers your record-keeping requirements for scheme records.

We’ll sort out your HR issues and employee communications for you, providing you with a Pension Policy for employment contracts and a decent employee announcement letter.   

If you choose to outsource your payroll to us, we’ll do all the admin after staging – employee communications, contributions, data uploads, record keeping and declaration of compliance.     

We’ve heard from small businesses who have come to us after they tried to do it themselves, and it’s often not a happy tale.  As these business owners haven’t had the support they needed early on in the process, they often miss important deadlines, or set up a scheme that is complicated to administer through the payroll.

 If auto-enrolment isn’t done right at the very beginning it can cost you dearly in time and expense in the long term.

There are lots of things you can DIY but, like plumbing or electrics, it is really worth getting the experts in for auto-enrolment!

If you think you might need to set up a scheme, or would like to talk through your circumstances, 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/


I don’t think any of my staff are eligible for Auto-Enrolment, do I need to do anything?

If you have one or more employees, you will need to assess their age and earnings every payroll run from your staging date (and keep a record of this) and categorise them as Eligible Jobholders, Non-Eligible Jobholders or Entitled Workers.

 

  • An Eligible Jobholder is aged between 22 and State Pension Age, earning over £10,000 a year.  They must be automatically enrolled.

 

  • A Non- Eligible Jobholder is aged between 16 and 22, or State Pension Age and 75, OR, a Non-Eligible Jobholder may earn between £5,824 and £10,000 a year.  They can opt-in to your workplace pension scheme.

 

  • An Entitled Worker earns below £5,824 a year.  They won’t be enrolled and they can’t opt into your workplace pension, but they can pay their own contributions into a scheme.

 

  • You do not have any pension duties for employees outside of the 16-75 age range

 

 

If you don’t have any eligible jobholders, you may still have to jump through some auto-enrolment hoops to keep The Pensions Regulator happy…

If you only employ non-eligible jobholders and/or entitled workers, you will still need to send statutory letters to your employees at your staging date to let them know how auto-enrolment affects them and what action they can and can’t take. This is a legal requirement and you need to keep a formal record of the letters you send and when you sent them.   Non-eligible jobholders have the right to opt-in to your scheme, even if you haven’t set one up yet, and you will need to start paying contributions for them.  If they do opt-in, you’ll have to move pretty quickly to set up a scheme within six weeks!   

 

 If you’re sure that your non-eligible jobholders don’t want to opt-in to your pension scheme, then there is no requirement for an employer to have a scheme in place (but you mustn’t discourage them from opting in).  Having said that, it’s a good idea to set up a pension scheme if you suspect that a non-eligible jobholder is likely to opt-in, or if they might become an eligible jobholder in the near future, so that you don’t have to rush into it later.  

 

Don’t forget your Declaration!

All employers will need to declare their compliance with The Pensions Regulator within five months of their staging date, whether or not you’ve had to set up a scheme.  Don’t forget to do this, otherwise you’ll be liable to a £400 fine from The Pensions Regulator.

 

The declaration can’t be completed prior to your staging date, and it must be completed online via The Pensions Regulator’s website:-

 

 http://www.thepensionsregulator.gov.uk/employers/automatic-enrolment-registration.aspx

 
If you think you might need to set up a scheme, or would like to talk through your circumstances, 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/

 


I’m a Director, do I need to be Auto-Enrolled?
 

The rules for directors are complicated, it depends on your circumstances.  We’ve put together these handy hints to point you in the right direction.

Are you the sole director of a limited company?

If you are the only director and do not have any employees, you do not need to set up a pension scheme or be auto-enrolled yourself.   

Do you have a contract of employment?

As a joint director, if you do not have a contract of employment (written or verbal) with your business then you don’t need to be auto-enrolled.

If you do have a contract of employment, does anyone else in the business?

If the answer is no (for example, there are 3 directors only and only you have a contract of employment) then you don’t need to be auto-enrolled.

If you have a contract and there is at least one other person who has a contract of employment (director or employee), then you may need to set up a scheme and be auto-enrolled.  This will depend on your earnings and age.

It gets a bit more complicated if you employ contractors (Personal Service Workers), there’s a useful video from The Pensions Regulator, which also covers directors, here: https://youtu.be/-YnXLS6N880

What to do next

If you have determined that you do not have any auto-enrolment duties, you need to tell The Pensions Regulator that you are not an employer before your Staging Date. https://automation.thepensionsregulator.gov.uk/notanemployer

You will need your Letter Code and PAYE reference.  Your Letter Code can be found on any correspondence with The Pensions Regulator.

If you think you might need to set up a scheme, or would like to talk through your circumstances, 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/


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