Auto-enrolment—what types of scheme may be used?

Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notes

Auto-enrolment—what types of scheme may be used?

Produced in partnership with Wyn Derbyshire of gunnercooke LLP

Practice notes
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THIS PRACTICE NOTE APPLIES ONLY TO PENSION SCHEMES IN ENGLAND AND WALES

The statutory auto-enrolment regime requires employers to:

  1. automatically enrol any eligible jobholders into an ‘Automatic enrolment scheme’, unless they are already an active member of a ‘qualifying scheme’ with that employer

  2. enrol any non-eligible jobholders who give the employer an opt-in notice into an ‘automatic enrolment scheme’, unless they are already an active member of a ‘qualifying scheme’ with that employer

Qualifying schemes must meet at least minimum standards. In the case of a Defined contribution (DC) scheme, those standards include mandatory employer and worker contributions of at least minimum amounts. Automatic enrolment schemes are qualifying schemes which meet additional Requirements. This is explained further below.

Employers should ensure that any scheme chosen to comply with the auto-enrolment requirements meets the minimum standards. The Pensions Regulator has issued detailed guidance to help employers comply with their duties under the auto-enrolment regime ('TPR Auto-enrolment Guidance'), including on the criteria that a scheme must meet to be a qualifying

Wyn Derbyshire
Wyn Derbyshire

Partner, gunnercooke LLP


Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.

He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.

Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.

He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also written several other books and numerous articles on a variety of legal and non-legal topics.

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Jurisdiction(s):
United Kingdom
Key definition:
Automatic enrolment definition
What does Automatic enrolment mean?

Framework introduced by the Pensions Act 2008 which requires employers to enrol workers automatically into a pension scheme meeting minimum standards and to pay minimum contribution rates to that scheme on behalf of workers.

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