2012 and the new pensions regime – nice and simple then?

Release Date Oct, 10 2009

With the Pension Act 2008 becoming law, we now know that beginning in 2012 all employers, bar those that are one director owner organisations, will be required to provide a Qualifying Workplace Pension Scheme (a QWPS) for their employees. These can either be the new State sponsored Personal Accounts scheme or an alternative plan (e.g. a group personal pension or occupational scheme).

With the Pension Act 2008 becoming law, we now know that beginning in 2012 all employers, bar those that are one director owner organisations, will be required to provide a Qualifying Workplace Pension Scheme (a QWPS) for their employees.  These can either be the new State sponsored Personal Accounts scheme or an alternative plan (e.g. a group personal pension or occupational scheme).

Financial impact – it’s not that bad

A QWPS will need to match certain criteria, including required levels of contributions. These will need an overall contribution of 8% of qualifying earnings, being earnings within a band.  The employer will be responsible for 3% with the employee paying 4% and the other 1% coming from the treasury in the form of tax relief. 

The first point to make is that the funding rate does not directly compare to current funding rates you are probably making as these are normally based on a percentage of basic pay and not a band of earnings.  The table below shows the percentages of pay under the new regime.

What are 3% of Band Earnings as a percentage of total earnings?

 

Total earnings


£10,000

1.49%

£20,000

2.24%

£30,000

2.50%

£40,000

2.62%

 

Hopefully, most organisations will be less concerned about these levels of input especially when compared to current funding rates.  Don’t forget that employees must be enrolled immediately on joining service so probation and waiting periods are out (unless your scheme meets the Quality test which basically means an employer contribution of 6% rather than 3% and an overall input rate of 11% rather than 8%).

Of course, for those with no funding in place at present, any compulsory contributions coupled with auto enrolment will mean an increase in costs but there are strategies to deal with this too.  For example, for those employers really unable to afford additional funding (and let’s face it, it’s hardly the ideal time to be introducing this), you might consider introducing small, incremental increases taken from pay settlements to meet the employer’s liability over the few years.

Another aspect to consider is the tax efficiency of getting the contributions into the scheme.  Contributions have been shown in most documents using the traditional employer and employee contributions with employee contributions coming from net pay.  Salary sacrifice (or salary exchange as it is sometimes called) allows an employer to make a contribution for the entire benefit and recover the employee portion by reducing their pay by the same amount.  National Insurance savings amount to nearly 25% of the value of the contribution (once the NI levels increase in 2011) so it makes sense to seriously look at this as the way to structure contributions.

And finally…..

Just when this was looking like it was taking shape, the DWP launched its most recent consultation.  Unusually, it has cut the consultation period short by 6 weeks and it is now proposing to stretch out the implementation of these requirements over a new three year period with different sized employers being required to comply with the rules in stages; biggest first, smallest last.  Also, the phased approach to the build up to 8% is being changed so that during the staging period all schemes will be required to only pay 1% employer and 1% employee and then when all employers are covered contributions will increase to 2%/3%, then 3%/5% starting in 2015.

So, it’s a bit more complicated but less costly than originally planned.  Now employers have an even greater opportunity to plan a gentle glide path up to the rates required for compliance or review their own arrangements to ensure they are already there.  Expect the final rules to be in force by early next year.

I think Alex Beveridge, outgoing editor-in-chief of Professional Pensions, sums things up nicely when he says “…. I have seen and compared pensions "crises" all over the world and, while every country has its good and bad points, I can say, hand on heart, that the UK is blessed with the most committed pensions professionals, but is also burdened with the dumbest and most over complex regulations.”

For more information please contact:

Richard Stewart
richard.stewart@redbourne.com
D +44 (0)20 8339 8822

Gillian Haworth
gillian.haworth@redbourne.com
D +44 (0)20 8339 8824

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