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Sport Governance Conference In Partnership with the Legal Panel Framework Cynhadledd Llywodraethu Chwaraeon Mewn Partneriaeth âr Fframwaith Panel Cyfreithiol LEGAL WORKSHOPS GWEITHDAI CYFREITHIOL Pensions / Auto-Enrolment and Contracts Pensiynau / Cofrestru Awtomatig a Chontractau Michael Collins (Gateley Solicitors)
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Michael Collins 28 October 2013
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Pensions, Auto Enrolment and Contracts
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Pensions in 2013 State Private – personal/occupational Employers obligations Contracts of employment
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Pensions, Auto Enrolment and Contracts
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Auto Enrolment What is it? Staging dates: 2012 – 2018 -from 1/11/13 500+ employees -spikes in 2014 Employers obligations Who needs to be enrolled? Choice of scheme
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Pensions, Auto Enrolment and Contracts workers jobholders -workers -ordinarily work in UK -at least 16 and under 75 -paid qualifying earnings in relevant pay reference period
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Pensions, Auto Enrolment and 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)
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Pensions, Auto Enrolment and 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 dont meet above criteria entitled workers – can join but get no employer contributions: - not a jobholder
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Pensions, Auto Enrolment and 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
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Pensions, Auto Enrolment and Contracts Choice of scheme: existing scheme? new scheme? Eg NEST combination? must meet quality criteria: -defined benefit -defined contribution
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Pensions, Auto Enrolment and Contracts Quality requirement – defined contribution Employer contributionTotal contribution Until 30/9/171%2% 1/10/17 to 30/9/182%5% From 1/10/183%8% Based on qualifying earnings Alternatives
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Pensions, Auto Enrolment and Contracts Employment protection measures prohibited recruitment conduct inducements right not to suffer detriment
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Pensions, Auto Enrolment and Contracts Enforcement: Pensions Regulator -compliance notices -penalties: fixed and escalating
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Pensions, Auto Enrolment and 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
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Questions
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