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Statutory Rules of Northern Ireland

2010 No. 123

Pensions

The Employers’ Duties (Implementation) Regulations (Northern Ireland) 2010

Made

19th March 2010

Coming into operation

1st September 2012

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 12, 29(2) and (4), 30(8) and 113(2) of the Pensions (No. 2) Act (Northern Ireland) 2008(1).

Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Employers’ Duties (Implementation) Regulations (Northern Ireland) 2010 and shall come into operation on [F1 7th June 2012 immediately after the coming into operation of regulation 3(2)(a) of the Automatic Enrolment (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 ] .

(2) In these Regulations—

[F2“deferral date” means the date specified in a notice given by an employer under regulation 4B(1) or (2);]

“employer” has the meaning given by regulation 2(2);

“the employers’ duties” means sections 2 to 9;

“HMRC” means Her Majesty’s Revenue and Customs;

“PAYE income” has the meaning given in section 683(1) of the Income Tax (Earnings and Pensions) Act 2003(2);

“PAYE reference number” means a number issued by HMRC to a corresponding PAYE scheme, enabling an employer to pay over amounts deducted to HMRC;

“PAYE scheme” means the HMRC record [F3 applicable ] to an employer who—

(a)

employs, or

(b)

intends to employ,

a worker to whom PAYE income is payable;

“scheme administrator” has the same meaning as in section 270 of the Finance Act 2004(3);

“staging date” means the date when the employers’ duties apply to employers, prescribed in the third column of the Table;

[F4“staging date” means the date prescribed in accordance with regulation 2(1) on which the employers' duties apply to employers;]

“the Table” means the Table in regulation 4.

(3) In these Regulations any reference to a numbered section is a reference to the section of the Pensions (No. 2) Act (Northern Ireland) 2008 bearing that number.

Textual Amendments

Commencement Information

I1Reg. 1 in operation at 1.9.2012, see reg. 1(1)

Application of the employers’ duties to employersN.I.

2.—[F5(1) Except where an employer satisfies the conditions for early automatic enrolment in regulation 3 , the employers' duties do not apply to employers described in the first column of the Table until—

(a)the corresponding staging date prescribed in the third column of the Table, or

(b)in a case to which paragraph (1A) applies—

(i)the corresponding staging date prescribed in the third column of the Table, or

(ii)where the employer so chooses, the corresponding staging date prescribed in the third column of the Table as modified by regulation 4A .

(1A) This paragraph applies in a case where, on 1st April 2012, the employer—

(a)had less than 50 workers, and

(b)had, or was part of, one or more PAYE schemes in which there were 50 or more persons.]

(2) For the purposes of these Regulations [F6(except for regulations 4B and 4C)] , an employer is a person within the meaning of section 70(7) who—

(a)Has [F7 , or is part of, ] a PAYE scheme of any size, determined by the Regulator in accordance with paragraphs (3) and (4), or

(b)meets any other description contained in the first column of the Table (including having no PAYE scheme).

(3) The size of an employer’s PAYE scheme means the number of persons within that scheme.

(4) The number of persons within a PAYE scheme is based on the latest information available to the Regulator, as at 1st April 2012.

(5) Where—

(a)the employers’ duties first apply to an employer in accordance with the Table, and

(b)for any reason, an employer has another PAYE scheme (or schemes),

the employers’ duties apply to that employer in respect of the scheme (or schemes) mentioned in sub-paragraph (b) from the staging date applicable in relation to sub-paragraph (a) (and this is so even where the staging date mentioned in the Table for any such scheme (or schemes) is later than the staging date referred to in sub-paragraph (a)).

(6) Any employer who first pays PAYE income in respect of a worker between—

(a)1st April 2012, and

(b)up to (but not including) [F81st October 2017] ,

is to be treated as a new employer in accordance with the relevant entry in the first column of the Table.

(7) Where paragraph (6) applies, the employers’ duties do not apply to such an employer until PAYE income is first payable in respect of any worker and then only in accordance with the Table.

[F9(8) Where—

(a)an employer first pays PAYE income in respect of any worker on or after 1st October 2017, and

(b)the employers’ duties do not already apply to that employer,

the employers’ duties apply to that employer from the day on which that employer’s first worker begins to be employed by that employer.]

[F10(9) This paragraph applies in the case of an employer who does not have a PAYE scheme in respect of any worker after 1st April 2017.

(10) Where paragraph (9) applies and the employers' duties do not already apply to that employer, the employers' duties apply to that employer from the date on which [F11the employer’s first worker begins to be employed by the employer] .]

Textual Amendments

Commencement Information

I2Reg. 2 in operation at 1.9.2012, see reg. 1(1)

Early automatic enrolmentN.I.

3.—[F12(1) Where the conditions in paragraphs (3) and (4) are both satisfied, the employers' duties apply to an employer from the early automatic enrolment date referred to in paragraph (5).]

[F13(1A) This regulation does not apply where the employer has chosen a staging date in accordance with regulation 2(1)(b)(ii).]

(2) Where the condition in paragraph (3) is satisfied but the condition in paragraph (4) is not satisfied, the employers’ duties apply to an employer from the staging date corresponding to that employer’s descriptionF14....

(3) The first condition is that an employer must fall within any description in the first column of the Table.

(4) The second condition is that an employer has chosen an early automatic enrolment date [F15 (referred to in paragraph (5)) ] for the employers’ duties to apply, which is earlier than the date mentioned in the third column of the Table corresponding to that employer, and has—

F16(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F17where, on the date the employer notifies the Regulator in accordance with sub-paragraph (c), the duty in section 3(2) (automatic enrolment) applies in relation to at least one of that employer's jobholders,] secured the agreement of the [F18 trustees or managers ] (or scheme administrator or provider) [F19of a pension scheme] that that scheme [F20is] to be used by the employer to comply with those duties from that early automatic enrolment date, and

[F21(c)notified the Regulator accordingly in writing, at any time—

(i)[F22where paragraph (5)(a) or (d) applies, on or before the early automatic enrolment date;]

(ii)where paragraph (5)(b) applies, before 1st November 2012, or

(iii)where paragraph (5)(c) applies, no later than the first day of the period of one month before the date specified in paragraph (5)(c).]

[F23(5) The early automatic enrolment date is—

(a)any date in the third column of the Table which is earlier than the staging date corresponding to that employer's description;

(b)1st December 2012, F24...

(c)in the case of an employer of 50,000 or more persons by PAYE scheme size or any other description, one of the following dates to be chosen by the employer—

(i)1st July 2012;

(ii)1st August 2012, or

(iii)1st September 2012.][F25or

(d)in the case of an employer who has no jobholder to whom the duty in section 3(2) (automatic enrolment) applies on the date the employer notifies the Regulator in accordance with paragraph 4(c)(i), any date which is earlier than the staging date corresponding to that employer's description.]

Textual Amendments

Commencement Information

I3Reg. 3 in operation at 1.9.2012, see reg. 1(1)

Staging of the employers’ dutiesN.I.

4.—(1) The Table in this regulation sets out the application of the employers’ duties.

(2) F26...

Table

Employer (by PAYE scheme size or other description)Date before which notification to automatically enrol early must be sentStaging date
120,000 or moreF27. . .1st October 2012
50,000-119,999F27. . .1st November 2012
30,000-49,999F27. . .1st January 2013
20,000-29,999F27. . .1st February 2013
10,000-19,999F27. . .1st March 2013
6,000-9,999F27. . .1st April 2013
4,100-5,999F27. . .1st May 2013
4,000-4,099F27. . .1st June 2013
3,000-3,999F27. . .1st July 2013
2,000-2,999F27. . .1st August 2013
1,250-1,999F27. . .1st September 2013
800-1,249F27. . .1st October 2013
500-799F27. . .1st November 2013
350-499F27. . .1st January 2014
250-349F27. . .1st February 2014
[F28160-249 F27. . .1st April 2014
90-159F27. . .1st May 2014
62-89F27. . .1st July 2014
61F27. . .1st August 2014
60F27. . .1st October 2014
59F27. . .1st November 2014
58F27. . .1st January 2015
54-57F27. . .1st March 2015
50-53F27. . .1st April 2015
Less than 30 with the last 2 characters in their PAYE reference numbers 92, A1-A9, B1–B9, AA–AZ, BA-BW, M1-M9, MA-MZ, Z1-Z9, ZA-ZZ, 0A-0Z, 1A-1Z or 2A-2ZF27. . .1st June 2015
Less than 30 with the last 2 characters in their PAYE reference numbers BXF27. . .1st July 2015
40-49F27. . .1st August 2015
Less than 30 with the last 2 characters in their PAYE reference numbers BYF27. . .1st September 2015
30-39F27. . .1st October 2015
Less than 30 with the last 2 characters in their PAYE reference numbers BZF27. . .1st November 2015
Less than 30 with the last 2 characters in their PAYE reference numbers 02-04, C1-C9, D1-D9, CA-CZ or DA-DZF27. . .1st January 2016
Less than 30 with the last 2 characters in their PAYE reference numbers 00, 05-07, E1-E9 or EA-EZF27. . .1st February 2016
Less than 30 with the last 2 characters in their PAYE reference numbers 01, 08-11, F1-F9, G1-G9, FA-FZ or GA-GZF27. . .1st March 2016
Less than 30 with the last 2 characters in their PAYE reference numbers 12-16, 3A-3Z, H1-H9 or HA-HZF27. . .1st April 2016
Less than 30 with the last 2 characters in their PAYE reference numbers I1-I9 or IA-IZF27. . .1st May 2016
Less than 30 with the last 2 characters in their PAYE reference numbers 17-22, 4A-4Z, J1-J9 or JA-JZF27. . .1st June 2016
Less than 30 with the last 2 characters in their PAYE reference numbers 23-29, 5A-5Z, K1-K9 or KA-KZF27. . .1st July 2016
Less than 30 with the last 2 characters in their PAYE reference numbers 30-37, 6A-6Z, L1-L9 or LA-LZF27. . .1st August 2016
Less than 30 with the last 2 characters in their PAYE reference numbers N1-N9 or NA-NZF27. . .1st September 2016
Less than 30 with the last 2 characters in their PAYE reference numbers 38-46, 7A-7Z, O1-O9 or OA-OZF27. . .1st October 2016
Less than 30 with the last 2 characters in their PAYE reference numbers 47-57, 8A-8Z, Q1-Q9, R1-R9, S1-S9, T1-T9, QA-QZ, RA-RZ, SA-SZ or TA-TZF27. . .1st November 2016
Less than 30 with the last 2 characters in their PAYE reference numbers 58-69, 9A-9Z, U1-U9, V1-V9, W1-W9, UA-UZ, VA-VZ or WA-WZF27. . .1st January 2017
Less than 30 with the last 2 characters in their PAYE reference numbers 70-83, X1-X9, Y1-Y9, XA-XZ or YA-YZF27. . .1st February 2017
Less than 30 with the last 2 characters in their PAYE reference numbers P1-P9 or PA-PZF27. . .1st March 2017
Less than 30 with the last 2 characters in their PAYE reference numbers 84-91 or 93-99F27. . .1st April 2017
Less than 30 persons in the PAYE scheme not meeting any other description contained in the first column of this TableF27. . .1st April 2017
Employer who does not have a PAYE schemeF27. . .1st April 2017
New employer (PAYE income first payable between 1st April 2012 and 31st March 2013)F27. . .1st May 2017
New employer (PAYE income first payable between 1st April 2013 and 31st March 2014)F27. . .1st July 2017
New employer (PAYE income first payable between 1st April 2014 and 31st March 2015)F27. . .1st August 2017
New employer (PAYE income first payable between 1st April 2015 and 31st December 2015)F27. . .1st October 2017
New employer (PAYE income first payable between 1st January 2016 and 30th September 2016)F27. . .1st November 2017
New employer (PAYE income first payable between 1st October 2016 and 30th June 2017)F27. . .1st January 2018
New employer (PAYE income first payable between 1st July 2017 and 30th September 2017)F27. . .1st February 2018]

Textual Amendments

Commencement Information

I4Reg. 4 in operation at 1.9.2012, see reg. 1(1)

[F294A.—(1) For the purposes of regulation 2(1)(b)(ii), the date in the third column of the Table is modified in accordance with paragraph (2).

(2) Where the staging date in the third column of the Table is in the period—

(a)beginning with 1st October 2012 and ending on 1st November 2012, the modified date is 1st August 2015;

(b)beginning with 1st January 2013 and ending on 1st February 2013, the modified date is 1st October 2015;

(c)beginning with 1st March 2013 and ending on 1st April 2013, the modified date is 1st January 2016;

(d)beginning with 1st May 2013 and ending on 1st June 2013, the modified date is 1st February 2016;

(e)beginning with 1st July 2013 and ending on 1st August 2013, the modified date is 1st March 2016;

(f)beginning with 1st September 2013 and ending on 1st October 2013, the modified date is 1st April 2016;

(g)beginning with 1st November 2013 and ending on 1st January 2014, the modified date is 1st May 2016;

(h)beginning with 1st February 2014 and ending on 1st April 2014, the modified date is 1st July 2016;

(i)beginning with 1st May 2014 and ending on 1st July 2014, the modified date is 1st September 2016;

(j)beginning with 1st August 2014 and ending on 1st October 2014, the modified date is 1st November 2016;

(k)beginning with 1st November 2014 and ending on 1st January 2015, the modified date is 1st February 2017, or

(l)beginning with 1st March 2015 and ending on 1st April 2015, the modified date is 1st April 2017.]

Textual Amendments

[F30Deferral of automatic enrolment for post-staging employersN.I.

4B.—(1) Where—

(a)an employer (“E”) gives to a worker, on the day on which the worker begins to be employed by E, notice that E intends to defer automatic enrolment for the worker until the deferral date, and

(b)the requirements in regulation 4C in relation to the notice are met,

the worker’s automatic enrolment date is the deferral date if on that date section 3 (automatic enrolment) applies to the worker as a jobholder of E.

(2) Where—

(a)a worker employed by E becomes a jobholder to whom section 3 applies,

(b)E gives the worker notice that E intends to defer automatic enrolment until the deferral date, and

(c)the requirements in regulation 4C in relation to the notice are met,

the worker’s automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E.

(3) If section 3 does not apply to a worker falling within paragraph (1)(a) and (b) or (2)(a) to (c) on the deferral date, arrangements prescribed under section 3(2) do not apply in relation to any employment of the worker by E in the period beginning with the starting day and ending with the deferral date.

(4) A notice under paragraph (1) or (2) may be given on the starting day or within the period of six weeks beginning with the day after the starting day.

(5) The deferral date may be any date in the period of three months [F31after] the starting day.

(6) If E gives a worker a notice under paragraph (1), E may not give the worker a notice under paragraph (2) in relation to any occasion on or before the deferral date on which the worker becomes a jobholder to whom section 3 applies.

(7) In this regulation—

(a)references to “E” (or to an “employer”) are to a person within the meaning of “employer” in section 70(7)—

[F32(i)who first pays PAYE income in respect of any worker on or after 1st October 2017, or]

(ii)who does not have a PAYE scheme, where E’s first worker begins to be employed by E after 1st April 2017,

where the employers’ duties did not apply before that date;

(b)“starting day” means—

(i)in the case of a notice under paragraph (1), the day on which the worker begins to be employed by E, or

(ii)in the case of a notice under paragraph (2), the day on which the worker becomes a jobholder to whom section 3 applies.

Textual Amendments

Deferral of automatic enrolment: notice requirementsN.I.

4C.—(1) A notice (referred to in this regulation as “the notice”) under regulation 4B(1) or (2) must be in writing.

(2) In the case of workers who are jobholders and who are not active members of a qualifying scheme, the notice must include the information described in paragraph (4) or (6) and the information described in paragraphs (7) to (9).

(3) In the case of workers who are not jobholders and who are not active members of a qualifying scheme, the notice must include the information described in paragraph (5) or (6) and the information described in paragraphs (7) to (9).

(4) The information is a statement that the jobholder may, by giving written notice to the employer, require the employer to make arrangements for the jobholder to become an active member of an automatic enrolment scheme and that the jobholder is entitled to employer’s contributions.

(5) The information is a statement that the worker may, where the worker is working or ordinarily works in Northern Ireland and is aged at least 16 and under 75 and is not a member of a pension scheme that satisfies the requirements of section 9 (workers without qualifying earnings), by giving written notice to the employer, require the employer to make arrangements for the worker to become an active member of such a pension scheme.

(6) The information is a statement—

(a)that sets out the amount of the lower qualifying earnings limit (“the lower qualifying earnings limit”) specified in section 13(1)(a), and

(b)that by giving written notice to the employer, the worker who is aged at least 16 and under 75 and—

(i)who earns more than the lower qualifying earnings limit and is not an active member of a qualifying scheme, may require the employer to arrange for that worker to become an active member of an automatic enrolment scheme and is entitled to employer’s contributions; or

(ii)who earns no more than the lower qualifying earnings limit and is not a member of a pension scheme that satisfies the requirements of section 9, may require the employer to arrange for that worker to become an active member of such a pension scheme but is not entitled to employer’s contributions.

(7) The information is a statement that the employer has deferred automatic enrolment until the deferral date and which specifies that date.

(8) The information is a statement—

(a)that sets out the amount of earnings (“the specified amount”) that are payable as specified in section 3(1)(c), and

(b)that the employer will automatically enrol the worker into an automatic enrolment scheme on the deferral date if, on that date—

(i)the worker is aged 22 or more but under state pension age;

(ii)the worker is working, or is ordinarily working in Northern Ireland;

(iii)earnings of more than the specified amount are payable to the worker, and

(iv)the worker is not already an active member of a qualifying scheme.

(9) The information is a statement that a written notice from the worker must be signed by the worker or, if it is given by means of an electronic communication, must include a statement that the worker personally submitted the notice.

(10) In this regulation, “employer” has the meaning given in regulation 4B(7).]

Textual Amendments

Transitional periods for money purchase and personal pension schemesN.I.

5.  For the purposes of section 29 (transitional periods for money purchase and personal pension schemes)—

(a)the first transitional periodF33..., beginning with the coming into operation of section 20 (quality requirement: UK money purchase schemes) [F34, ends on 5th April 2018] , and

(b)the second transitional period is one year, beginning with [F356th April 2018 and ending on 5th April 2019] .

Textual Amendments

Commencement Information

I5Reg. 5 in operation at 1.9.2012, see reg. 1(1)

Transitional period for defined benefits and hybrid schemesN.I.

6.  For the purposes of section 30 (transitional period for defined benefits and hybrid schemes), the transitional period for defined benefits and hybrid schemesF36..., beginning with the coming into operation of section 3 (automatic enrolment) [F37, ends on 30th September 2017]

Textual Amendments

Commencement Information

I6Reg. 6 in operation at 1.9.2012, see reg. 1(1)

Sealed with the Official Seal of the Department for Social Development on 19th March 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision as to how sections 2 to 9 of the Pensions (No. 2) Act (Northern Ireland) 2008 (“the Act”) (“the employers’ duties”) apply to employers. Those duties include the duty on an employer (under section 3 of the Act) to make prescribed arrangements by which jobholders become active members of automatic enrolment pension schemes. These Regulations also set the transitional periods for money purchase and personal pension schemes and for defined benefits and hybrid schemes.

Regulation 2 makes provision for the application of the employers’ duties to employers.

Regulation 3 provides how the employers’ duties apply to an employer earlier than the date on which they otherwise would have applied to that employer, where an employer satisfies certain conditions.

Regulation 4 and the Table in it provide how the employers’ duties apply to employers over a period from 1st October 2012 to 1st September 2016.

Regulation 5 sets the length of the two transitional periods during which the quality requirement for UK money purchase and personal pension schemes is less than what is provided for in sections 20 and 26 of the Act. At the expiry of the two transitional periods, the quality requirement for those types of scheme will be what is provided for in the Act.

Regulation 6 prescribes the length of the transitional period for defined benefits and hybrid schemes. Where the conditions in section 30(2) of the Act are satisfied and continue to be satisfied during that transitional period, an employer is under a duty to make arrangements for jobholders to become active members of an automatic enrolment scheme from the end of that period.

An assessment of the cost to business of these Regulations is detailed in a Regulatory Impact Assessment, a copy of which has been laid in the Business Office and the Library of the Northern Ireland Assembly. Copies of the Assessment are available from the Department for Social Development, Social Security Policy and Legislation Division, Level 1, James House, 2-4 Cromac Avenue, Gasworks Business Park, Ormeau Road, Belfast BT7 2JA or from the website: http://www.dsdni.gov.uk/index/ssa/ssani-publications/ssani-pensions-publications.htm. A copy of the Assessment is also annexed to the Explanatory Memorandum which is available alongside this Statutory Rule on the website: http://www.opsi.gov.uk/legislation/northernireland/ni-srni.htm.