Pensions regulator waffle

The government are always dreaming up new ways of screwing money out of us, while at the same time trying to give themselves less responsibility and pay themselves even more of the money they steal from us. The new pensions regulations are a case in point. We pay a lot of tax and some of that is supposed to go into a big national pension pot that we get when we are too old to work. The trouble is politicians have spent all that money on prostitutes so now they are forcing companies to provide a pension so they don't have to.

Pensions Regulator letter

From: Eddie Hall
Sent: 14/01/2016 14:34
To: customersupport@autoenrol.tpr.gov.uk
Subject: Pension enrollment crap

Hello pensions regulator people,

I just want to write and check everything is above board because I obviously don't want to get fined eleventy billion pounds for not completing this stuff properly.

Basically I nominated myself as a contact and I'm the only employee of my own company eligible for enrollment (the other two are both above pension age and aren't interested in it anyway because they also had personal pensions already set up). As I'm the only one this will affect, do I, as the director of the company, have to notify myself about enrollment and then reply to myself telling myself I want to opt out? Seems a bit silly. If not, can I just fill out the declaration of compliance now, rather than having to wait until June? I only ask because I've got slightly more important things to do, like earn money so I can pay into a pension that I already have.

Thanks in advance for your assistance.

Eddie

From: Automatic Enrolment Support
Sent: 19 January 2016 at 16:07
To: Eddie Hall
Subject: RE: Pension enrollment crap

Thank you for your email dated the 14 January 2016.

An employer will have automatic enrolment duties towards everyone who is employed to work for them under a written, verbal or implied contract of employment or a contract of personal services.

Therefore, if you are employed to work for the company using the above definition and are aged between 22 and state pension age and earning above £833 a month, then you will be required to be automatically enrolled into a suitable pension scheme.

Please note that as you have advised you already have a pension scheme, you could continue to use that pension scheme and not be automatically enrolled into another pension scheme providing your existing scheme is deemed qualifying. You may want to clarify this with your pension provider.

If you are not employed under a written, verbal or implied contract of employment or a contract of personal services, then you will not be included within the duties under automatic enrolment. If you have any further questions, please contact us.

Regards

Sian Judd
Customer Support Adviser
Automatic EnrolmentEmail: customersupport@autoenrol.tpr.gov.uk
www.thepensionsregulator.gov.uk
http://www.thepensionsregulator.gov.uk/employers/planning-for-automatic-enrolment.aspx (Planning Tool)

From: Eddie Hall
Sent: 20/01/2016 08:38
To: customersupport@autoenrol.tpr.gov.uk
Subject: RE: Pension enrollment crap

I employ myself so do I need to do anything? Yes or no.

From: Automatic Enrolment Support
Sent: 23 January 2016 at 12:43
To: Eddie Hall
Subject: RE: Pension enrollment crap

Dear Eddie

Further to email dated 20 January 2016.

Automatic enrolment legislation will affect all employers with at least one worker in the UK. Under the terms of the legislation, a worker is defined as an individual who has entered into or works under a contract of employment or service.

If an individual is a director of a company and the company has no other employees, that individual is not a worker by virtue of any office that they hold or contract of employment under which they work. The company is therefore not subject to the employer duties in relation to that individual.

Where the company takes on one or more workers in addition to the directors, the company will have employer duties in relation to those workers, but will not have duties in relation to any of the directors, unless the directors have contracts of employment with the company.

To clarify if the spouse of the director is contracted to work for the company, the employer will have automatic enrolment duties.

Please note that contracts do not necessarily have to be written; they can be verbal and the terms can be implied.

Please note that directors can notify us that they are not employers for the purposes of automatic enrolment by completing the automated deactivation form online.

The form can be found here; https://automation.thepensionsregulator.gov.uk/notanemployer. Please note that if you have previously completed the above form you will not be required to complete it again.

If you have any further questions, please contact us.

Regards

Henna Begum
Customer Support Adviser
Automatic EnrolmentEmail: customersupport@autoenrol.tpr.gov.uk
www.thepensionsregulator.gov.uk
http://www.thepensionsregulator.gov.uk/employers/planning-for-automatic-enrolment.aspx (Planning Tool)

From: Eddie Hall
Sent: 25/01/2016 08:44
To: customersupport@autoenrol.tpr.gov.uk
Subject: RE: Pension enrollment crap

So, no?

From: Automatic Enrolment Support
Sent: 29 January 2016 at 11:37
To: Eddie Hall
Subject: RE: Pension enrollment crap

Dear Eddie

Thank you for your email dated 25 January 2016.

If you are deemed an employer for automatic enrolment purposes and have workers you will have automatic enrolment duties.

An employer is able to view their legal requirements towards automatic enrolment by completing the duties checker online.

If there is not a worker as there are no contracts, you will be exempt from the duties under the Pensions Act 2008; in order to notify the Regulator that you are not an employer for the purpose of automatic enrolment, please complete the following webform.

If you have any further questions, please contact us.

Regards

Lynda Butler
Customer Support Adviser
Automatic EnrolmentEmail: customersupport@autoenrol.tpr.gov.uk
www.thepensionsregulator.gov.uk
http://www.thepensionsregulator.gov.uk/employers/planning-for-automatic-enrolment.aspx (Planning Tool)

From: Eddie Hall
Sent: 29/01/2016 13:07
To: customersupport@autoenrol.tpr.gov.uk
Subject: RE: Pension enrollment crap

Is that a no then?



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