Feathering the NEST
23rd March, 2011
The 2008 Pensions Act introduced a number of notable changes to the UK’s pension regime. One the most far reaching is undoubtedly the compulsion on employers to enrol all employees automatically in a “Qualifying Pension Scheme”.
This is going to be a staged process between 2012 and 2016, starting with the largest employers down to the smallest. With an ageing population, a large pensions gap and a notable national debt the reasoning behind compulsory funding is relatively obvious – the more an individual can provide for themselves in retirement, the less the state needs to.
If the employer already has a pension scheme it will need to be tested against the minimum for a “Qualifying Scheme”.
The Government has designed simple qualifying criteria for Company Schemes:
If there is no qualifying scheme then the employer must enrol employees in the NEST (National Employment Savings Trust) scheme.
The scheme is designed to reach a notable number of lower paid, private sector employees with no access to pension schemes (estimated by the NEST corporation to be 750,000).
NEST sees the introduction of compulsory personal pensions, with compulsory funding levels – both from the employee and the employer. This the first time we have seen compulsory funding into non-state schemes and sees a marked change from the Stakeholder regime that is currently in force.
Eligible employees will be:
However, other groups will be able to request joining the scheme e.g. those aged between 16 and 22, or earning between £5,720 and £7,475.It is important to note that income in this case includes elements that at this time could be deemed ‘non-pensionable‘ such as maternity pay, overtime and bonuses.
Employees will be automatically enrolled in NEST, unless their employer has a qualifying scheme. Individuals can opt out but need to pro-actively select this option every three years.
KEY POINT – the scheme is designed to cover the majority of employees, not just permanent or full time workers
By the time NEST is fully implemented (October 2017) an individual’s NEST account will be receiving contributions of 8% of their employed income – 4% from the employee, 1% from tax relief on those contributions and 3% from their employer. These funding levels are to be phased in from the inception of NEST in 2012.
The maximum funding in a year is a gross amount of £3,600 – the same as the current ‘non-earning‘ threshold.
KEY POINT – this will increase a business’ wage bill due to the employer contributions. It will also potentially reduce an employee’s take home pay if wages are not increased to replace the compulsory pension contribution.
Larger employers will be the first to join NEST, starting in October 2012. The ‘phasing‘ process is complicated and is best shown via the Pension Regulator’s own website:
The intention is for all firms to be fully integrated into the scheme by October 2017.
KEY POINT – it is important to identify when a company is due to join auto-enrolment and compulsory funding
The Scheme Itself
NEST is designed to be a low cost pension option, with Annual Management Charges capped at 0.3% and arranged fees capped at 2%. Due to the low cost it is expected that the investment choices will be very limited with most individuals enrolling in a ‘default‘ fund.
It is portable. NEST is NOT an employer’s pension scheme. It belongs to the employee and will move with the individual from job to job.
Transfers will not be permitted from the scheme except in “very limited” circumstances; we assume the main exemption will be as part of divorce settlements. However the full definition of “very limited” is yet to be clarified.
KEY POINT – limited investment choices, and inability to transfer benefits to other schemes in the future may make NEST inflexible and unlikely to meet the requirements of more sophisticated investors (remembering that today’s trainee is tomorrow’s Chief Executive).
An employer cannot encourage employees to opt out. The Pension Regulator website states the following:
“It is against the law for an employer to actively encourage an individual to opt-out…..”
KEY POINT – NEST is not a fait accompli for businesses, although offering a ‘Qualifying Pension Scheme‘ is.
We believe that NEST offers challenges to businesses and that while it may appear some time away it is important to prepare for the impact it could have. At Innes Reid we will be happy to discuss how NEST may affect your business, and to discuss potential alternatives to auto-enrolment.
This is based upon current information and legislation as at March 2011. The NEST scheme and the rules for “Qualifying Pension Schemes” are still subject to review and, therefore, it is possible that these rules may change prior to implementation.
This article was kindly written for us by Tom Lowman of Innes Reid. Tom can be contacted on 01244 347583 or via email at [email protected]
You might also be interested in...
9th August, 2018
We have been approached by a number of clients who have received a statutory demand, either personally or to their company, and they have asked us what to do about it. One business was contacted by a company demanding payment of a debt owed under a contract for TV advertising in a shopping mall. We presume – but... Read More »
3rd August, 2018
Agriculture and Estates specialist Ben Brassington has strengthened the services offered by Top 200 legal firm Aaron & Partners LLP A dairy farmer with more than 18 years’ experience as a Partner in his family’s farming business has been appointed by a top legal firm in Shrewsbury. Ben Brassington, who has also been working for several years as... Read More »