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Cynhadledd Llywodraethu Chwaraeon Mewn Partneriaeth â’r Fframwaith Panel Cyfreithiol. Sport Governance Conference In Partnership with the Legal Panel Framework. LEGAL WORKSHOPS GWEITHDAI CYFREITHIOL. Pensions / Auto-Enrolment and Contracts Pensiynau / Cofrestru Awtomatig a Chontractau.

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Cynhadledd Llywodraethu Chwaraeon

Mewn Partneriaeth â’r Fframwaith Panel Cyfreithiol

Sport Governance Conference

In Partnership with the Legal Panel Framework

LEGAL WORKSHOPS

GWEITHDAI CYFREITHIOL

Pensions / Auto-Enrolment and Contracts

Pensiynau / Cofrestru Awtomatig a Chontractau

Michael Collins (Gateley Solicitors)

michael collins 28 october 2013
Michael Collins

28 October 2013

pensions auto enrolment and contracts1
Pensions, Auto Enrolmentand Contracts
  • Pensions in 2013
    • State
    • Private – personal/occupational
  • Employer’s obligations
  • Contracts of employment
pensions auto enrolment and contracts3
Pensions, Auto Enrolmentand Contracts
  • Auto Enrolment
    • What is it?
    • Staging dates: 2012 – 2018
      • from 1/11/13 500+ employees
      • spikes in 2014
    • Employer’s obligations
    • Who needs to be enrolled?
    • Choice of scheme
pensions auto enrolment and contracts4
Pensions, Auto Enrolmentand Contracts
  • “workers”
  • “jobholders”
    • workers
    • ordinarily work in UK
    • at least 16 and under 75
    • paid “qualifying earnings” in relevant pay reference period
pensions auto enrolment and contracts5
Pensions, Auto Enrolmentand Contracts
  • Qualifying earnings:
  • annual earnings between £5,668 and £41,450 (2013/14 tax year)
  • “earnings” includes salary, commission, bonus and overtime;
  • pro rata calculation for each pay reference period (eg monthly)
pensions auto enrolment and contracts6
Pensions, Auto Enrolmentand Contracts
  • Who needs to be auto-enrolled?
  • “eligible jobholders” – have to be auto-enrolled:
    • earnings exceed earnings trigger (£8,105 in 2013/14)
    • aged between 22 and SPA
  • “non-eligible jobholders” – can join if they want:

- earn qualifying earnings but don’t meet above criteria

  • “entitled workers” – can join but get no employer contributions:

- not a jobholder

pensions auto enrolment and contracts7
Pensions, Auto Enrolmentand Contracts
  • When must eligible jobholders be enrolled?
  • with effect from date meet criteria if not already in qualifying scheme
  • postponement
  • opt-outs
  • automatic re-enrolment every three years
pensions auto enrolment and contracts8
Pensions, Auto Enrolmentand Contracts
  • Choice of scheme:
  • existing scheme?
  • new scheme? Eg NEST
  • combination?
  • must meet quality criteria:
    • defined benefit
    • defined contribution
pensions auto enrolment and contracts9
Pensions, Auto Enrolmentand Contracts
  • Quality requirement – defined contribution
  • Employer contribution Total contribution
  • Until 30/9/17 1% 2%
  • 1/10/17 to 30/9/18 2% 5%
  • From 1/10/18 3% 8%
  • Based on “qualifying earnings”
  • Alternatives
pensions auto enrolment and contracts10
Pensions, Auto Enrolmentand Contracts
  • Employment protection measures
  • prohibited recruitment conduct
  • inducements
  • right not to suffer detriment
pensions auto enrolment and contracts11
Pensions, Auto Enrolmentand Contracts
  • Enforcement:
  • Pensions Regulator
    • compliance notices
    • penalties: fixed and escalating
pensions auto enrolment and contracts12
Pensions, Auto Enrolmentand Contracts
  • Preparation
  • identify your staging date
  • plan well in advance
  • assess your workforce
  • speak to pensions consultants and payroll providers
  • consider issues for high earners
  • regulator guidance