26th April 2016

The Pensions Regulator - Industry Liaison update April 2016

• New AE regulations effective 6 April 2016

Directors working under an employment contract and LLP partners

• New exceptions now apply to:

1. directors who work under a contract of employment, where there is at least one other employee working for the company (ie the sole employee/director exemption does not apply)
2. LLP partnerswho are workers and are not ‘salaried members’ under HMRC tax rules (duties continue to apply in full to salaried members).

• If any such individual becomes eligible for automatic enrolment or re-enrolment, then the employer may choose whether or not to automatically enrol/re-enrol them. All other duties remain, including the duty to communicate to the workers and the employer will still need to make a declaration of compliance (whether or not they choose to automatically enrol these workers). The individuals do have the right to opt in or join a pension.

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Pensions, Auto-Enrolment, Pension Reforms