Does an employer need a consistent policy for when they enrol new staff into a qualifying scheme?
Yes, they must enrol all new employees in a consistent manner and cannot have different timelines for groups of employees.
FAQs
Here you can find the answers to many common questions. If the information you're looking for isn't here, then please get in touch.
What policy does the TPR have to ensure that employers comply with auto-enrolment?
A new request to register with TPR within a timescale.
All companies will be checked to ensure they have registered at the correct time with a qualifying scheme.
TPR will focus on education and advice to assist in the implementation.
TPR will use financial penalties as the final resort if employers persist in flouting rules.
Can an employer set up more than one qualifying scheme within their business for auto-enrolment?
Yes – they can nominate different schemes for different categories of employee e.g. one for monthly paid staff and one for weekly paid staff. These schemes can be with the same provider or different providers.
How will leavers/new starters be dealt with moving between companies offering The People's Pension or companies offering NEST?
The member moving within two employers operating The People's Pension will just have the one pension account which is fully transferable between employers. If both employers operate NEST then our understanding is that there will similarly just be one account for the member. NEST, unlike The People's Pension, will not initially allow transfers of funds in or out of the scheme, so there can be no transfers between the two.
When does an employer have to pass the contributions across within the three month waiting period? How will any refunds be dealt with?
The employer has to pass the contributions across to B&CE once the employee has been auto-enrolled within the timescales set out in the regulations. Any refunds processed by B&CE will be passed back to the employer for return to the member.
Does the member opt-out via the employer or provider?
Under the current regulations, If the employee decides to opt-out then he must contact the provider e.g. B&CE to obtain an opt-out form which when completed should be returned to his employer. The employer then informs B&CE of the member's opt-out. Sorry, we didn't design the process.
If a member has his own pension arrangement that he wishes to continue paying into and does not want to join the qualifying scheme chosen, does the em
No, there is no obligation on the employer to contribute under the regulations, although they can if they wish to do so.
Are B&CE going to help employers with providing information to their employees and if so how?
Yes. B&CE will help by making guidance available on a regular basis in a manner that is effective for your employees. This could be by specific mailings, our website, face-to-face meetings and presentations and possibly further seminars/roadshows.
Can an opted in employee subsequently opt-out at any time in the future?
Yes
Are the staging dates set?
Yes. Details are available on the DWP website: www.dwp.gov.uk/policy/pensions-reform/workplace-pension-reforms/
How does re-enrolment work if a member moves between employers?
The new employer will have to follow their auto-enrolment process when a new member joins.
What is certification and how often does certification have to take place?
Certification allows an employer to confirm that their existing pension arrangements meet the requirements of qualifying pension arrangement. It is anticipated that after a period of consultation, legislation will be agreed by mid 2011. B&CE will provide full support and guidance to employers.
Who is responsible for auto-enrolling an agency worker under the workplace pension reforms?
Whoever is responsible for paying the agency worker will have to automatically enrol the worker, assuming the worker meets the age and earnings eligibility criteria:
- Where an agency provides workers to a construction employer and the agency pays the worker, the agency will be the employer and have the obligation to automatically enrol the worker
- If the Construction employer pays the temporary worker directly, then they have the obligation to automatically enrol
