Auto-enrolment legally obliges all employers to automatically enrol certain members of their workforce into a pension scheme which meets certain minimum criteria.
Who will it affect?
Workers who must be enrolled into a qualifying scheme are those who:
- are not already in a workplace pension scheme
- are aged between 22 and state pension age
- learn more than £9,440 a year (in the 2013/14 tax year)
- work in the UK.
Auto enrolment is being phased in over a five-and-a-half year period from 1 October 2012. The size of the employer's PAYE scheme as at 1 April 2012 determines the point at which the duty will kick in – referred to as the 'staging date'. Larger employers will be affected before smaller employers. All eligible workers must be enrolled by 2018.
Cost and opt outs
Employers have to make a minimum contribution into each eligible employee's qualfying scheme. This contribution is being phased in: it starts at 1% of salary, rising to a minimum of 3%. Employees must also make minimum contributions.
Workers will have a statutory right to opt out of a scheme, subject to certain time limits. However, even if an individual opts out, the employer will have to automatically re-enroll them every three years. It is unlawful for an employer to persuade people to opt out.
Workers who don't qualify for auto-enrolment can opt in by giving notice to their employer – although they wouldn't be entitled to an employer contribution.
Compliance
Compliance will be policed by the Pensions Regulator. Employers in breach of the new requirements will face significant penalties: larger employers in flagrant breach could face penalties of up to £10,000 per day, or even criminal prosecution.
There are many registration, communication and record-keeping obligations for employers. The Pensions Regulator has produced useful guidance for employers, including a timeline: for more, see www.thepensionsregulator.gov.uk.