august 2014 automatic enrolment workplace pensions reform dm 2750193 v3 these slides remain the...
TRANSCRIPT
August 2014
Automatic enrolment
Workplace Pensions Reform
DM 2750193 v3 These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.
The information TPR provide is for guidance only and should not be taken as a definitive interpretation of the law.
Topics
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• 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)
• As a society we are living longer, healthier lives.
• There are currently four people of working agefor 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
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Why is automatic enrolment being introduced?
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 willaffect the outcome of the recruitment process
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Overview of legal duties and safeguards
What employers will need to do
• Nominate a point of contact
• Know your staging date and develop a plan
• Assess your workforce
• Review your pension arrangements
• Communicate the changes to all your workers
• Automatically enrol your eligible jobholders
• Complete declaration of compliance (registration) with the Regulator and keep records
• Contribute to your workers’ pensions
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Planning tool:www.tpr.gov.uk/planner
Planning timeline
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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’sPAYE 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 2017April 2014 June 2015
Largeemployers
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
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Staging profile (volumes of employers)
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Who are your workers?
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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 not employees, who are personal services workers.
* the Channel Isles and the Isle of Man are outside the UK
Are they a personal services worker?
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• The employer needs to judge whether or not an individual 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.
Is Eddie a worker?
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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?
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 equipmentiii) he works unsupervised and iv) he guarantees the quality of his work
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Is Georgina a worker?
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Georgina is a self employed IT professional who works full time forAcme 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?
Is Georgina a worker?
Georgina is a self employed IT professional who works full time forAcme 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)
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Who is excluded?
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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 exempt, and
• a company with only one employee, if that employee is also a director ofthat company (but only for the work they carry out for that company).
Who is the worker’s employer?
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• 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.
Age rangeQualifying earnings
16-21 22-SPA*
SPA*-74
* 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
Non-eligible jobholder
Non-eligible jobholder
Non-eligiblejobholder
Non-eligible jobholders can Opt-in to an
automatic enrolmentpension scheme
Entitled workerCan request tojoin a pension
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scheme
Thresholds v Pay Reference Periods (PRP) 2014-15
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† 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
Assessing your workers
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• 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 contains these pay elements:– salary/wages, commission, bonuses, overtime and statutory payments
(excluding expenses).
• 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.
Check suitability of payroll and IT systems
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• 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.
Pension schemes
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• Pension schemes can be either:
– defined contribution (DC) eg ‘money purchase’
– defined benefit (DB) eg ‘final salary’ or ‘career average’.
• Qualifying schemes:
– if an existing scheme is not a qualifying scheme, scheme members would need to be automatically enrolled into an automatic enrolment scheme if they are eligible jobholders
– employers may want to change the contributions levels and/or scheme rules of their existing schemes to make them qualifying.
– if qualifying earnings used for pension scheme rules, only qualifying earnings between £5,772*pa and £41,865*pa used for calculation of pension contributions (e.g. for 1 week Pay Reference Period, if QE <= £111.00 in PRP in 2014-15 then contribution = £0).
* 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.
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 workersScheme for
entitledworkersscheme
is registeredEmployers are not
required to make an employer contribution
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Min DC 8% total*
Min DC 5% total*
Minimum DC 2% total contribution*
DC scheme minimum contributions
Oct 2018Oct 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 2017April 2014 June 2015
Large employers
Medium employers
Small/micro employers
Newemployers
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Using an existing pension scheme
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• 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).
Choosing a new pension – how to find one
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How will you find a suitable pension if you need or want to use a new scheme?
• For further information and a list of pension providers see:
– The National Association of Pension Funds (NAPF)*
– The Association of British Insurers(ABI)*
• Pension providers
– Not all pension providers may offer you a pension scheme
– They may not give you an answer immediately so ask for their timescales
– Providers may be at full capacity or have long waiting times
– You may wish to ask more than one provider at a time.
• National Employment Savings Trust (NEST)* is a pension scheme thatall employers can use to meet their duties but don’t leave it too late.
* These can be found on our Useful links slide
Choosing a new pension – factors to consider
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• It is the employer’s responsibility to choose a pension scheme for theirworkers.
• Some things to consider:
– Most people will stay in the default fund until they leave / retire– does it provide value for money?
– Some providers can support a wider range of languages for the members than others.
• For help on how to select a good scheme, please see:www.tpr.gov.uk/employers/setting-up-a-pension-scheme.aspx
Postponement
• Postponement suspends the duty of automatic enrolment and the need toassess 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
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Opting-in and joining
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• 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).
‘Opting-out’
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• 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 ceasemembership of the pension scheme (under the scheme rules).
Communicating to workers
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• 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’
Re-enrolment
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• The re-enrolment date is every three years from the employer’sstaging 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’
Record-keeping
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• 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 storeany 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’
Declaration of compliance (registration)
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• 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 theirdeclaration 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 endbefore the declaration can be completed.
• You can start the online process early and partially complete your declaration.
Any questions?
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Useful links
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• Staging date tool:www.tpr.gov.uk/employers/tools/staging-date.aspx
• Planning tool:www.tpr.gov.uk/planner
• Questions to ask when selecting a new scheme providerwww.tpr.gov.uk/docs/selecting-a-good-automatic-enrolment-scheme.pdf
• Letter templates for employers:www.tpr.gov.uk/employers/letter-templates-for-employers.aspx
• Information about declaration of compliance (registration):www.tpr.gov.uk/declaration.aspx
• Our detailed guides for employers and pension professionals:www.tpr.gov.uk/pensions-reform/detailed-guidance.aspx
Useful links continued…
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More information about pensions and automatic enrolment:
• The Association of British Insurers:www.abi.org.uk/pensionproviders
• The National Association of Pension Funds:www.napf.co.uk
• National Employment Savings Trust:www.nestpensions.org.uk
• Independent Financial Advisers:www.unbiased.co.uk
• The Pensions Regulator:www.tpr.gov.uk/docs/selecting-a-good-automatic-enrolment-scheme.pdf
We are here to help!
Contact us at:www.tpr.gov.uk/contact-us.aspx
Subscribe to our news by email:https://forms.thepensionsregulator.gov.uk/subscribe.aspx
Connect with us on LinkedIn:www.linkedin.com/groups?gid=2675456
Follow us on Twitter:https://twitter.com/TPRgovuk
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Thank you
The information we provide is for guidance only and should notbe taken as a definitive interpretation of the law.
Additional slides
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DC self certification during phasing period
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Up to1st Oct 2017
1st Oct 2017 to 30th Sept
2018
From1st 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% ofTotal Pay
Summary of deadlines (for deadlines ending from 1 April 2014)
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Action/Communication Deadline
Letter to existing qualifying pensionscheme 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 window 1 month - from the latest of when:• the enrolment notification is issued, and• active membership is achieved.
Postponement notices 6 weeks from the day after the assessment date(eg before midnight Tuesday 13 May, if assessed on Tuesday 1April).
Complete declaration of compliance (registration) afterstaging
5 months after staging
Complete declaration of compliance after re-enrolment 2 months after re-enrolment
Normal contribution payments to scheme provider 22nd day of the month following the month of deduction (19th day for non-electronic payments), may be earlier depending on the pension providers schedule.
New member contribution payments to scheme provider (forall deductions made in first 3 months of membership)
22nd day (for electronic payments) of the first month, following a three month period starting the day active membership is effective (19th day for non-electronic payments) eg enrolments 2 January to 1 February = e-payment deadline is 22 May.
What to communicate to workers
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• 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* suchas the length of the postponement period and their rights to Opt-in or join.
* See Useful links for template letters
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 dateOpt-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 datefor 1 month Opt-out period
1 month
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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 dateAssessment 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)
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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 1 month PRP
Latest date by which active membership and provision of jobholder information and enrolment information mustbe achieved.
Backdating of scheme membership to the enrolment date
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1st 1st
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 (1st to 5th inclusive,
if not past payroll cutoff)
1 month PRP 1 month PRP
Latest date by which active membership and provision of jobholder information and enrolment information mustbe achieved.
Backdating of scheme membership to the enrolment date
5th 6th
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1st 6th
5th 6th
Scenario A Assessment date on first day of PRP
Yes
UK workeraged 22 to SPA?
No statutory duty to enrol
No
Staging date
31st 1st
C
1st
R P0 C R P1 C R P2
30th 1st 31st
Yes
Total QEpaid in PRP> earnings
trigger ?
No
Staging and a calendar month PRP• Pay reference period runs from 1st
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 madein 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 cutoffR – Payroll runP – Payday
Issue letter to worker and set up active
membership
Opt-outwindow could start
28th 28th 28th
Automatic enrolment triggered
March
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April May
Scenario B Assessment date on 1st day of month
UK worker aged 22 to SPA?
No statutory duty to enrol
No
C
5th 6th6th
R P0 C R P1C R P2
Yes
Total QE paid in PRP
> earningstrigger ?
No
Opt-out window could start
Issue letter to worker and set up active
membership
Automatic enrolment triggered
1st 5th 6th 5th
Staging dateMonthly pay reference period (PRP)
Key:C – Payroll cutoffR – Payroll runP – Payday
Feb March April28th 28th 28th
Staging with a tax month PRP
100% of April’s qualifying earnings). Yes
DM 2750193 v3 These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.
• Pay reference period runs from 6th
day to 5th 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 madein the next payday P2 on 28 April
• Opt-out window could startbefore first deduction taken
• Contribution based on scheme rules (eg for a legal min scheme, based on