The Employers’ Duties (Registration and Compliance) Regulations (Northern Ireland) 2010

Records: employers N.I.

6.—(1) A person falling within regulation 5(2)(a) must keep the following records in relation to an occupational or personal pension scheme used by that person to comply with the employers’ duties—

(a) where that scheme—

(i) is an occupational pension scheme, its name and address;

(ii) is a personal pension scheme, the name and address of the provider of that scheme, or

(iii) does not have its main administration in the United Kingdom, the address of that scheme and the name of any authority which exercises functions corresponding to the functions of the Regulator in the country or territory outside the United Kingdom where that scheme is situated;

(b) the employer pension scheme reference;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) where section 22 (test scheme standard) applies, any evidence which shows that a scheme satisfies the test scheme standard within the meaning of that section, given in accordance with any regulations made under subsection (4) of that section;

(e) the name, national insurance number (where one exists) and date of birth of—

(i) every jobholder of an employer who became an active member of an automatic enrolment scheme pursuant to arrangements made under section 3;

(ii) every jobholder of an employer who was not an active member of a qualifying scheme but who by notice required the employer to arrange for the jobholder to become an active member of an automatic enrolment scheme pursuant to arrangements made under section 7 (jobholder’s right to opt in), and

(iii) every worker who by notice required an employer to arrange for the worker to become an active member of a pension scheme pursuant to arrangements made under section 9 (workers without qualifying earnings);

(f) every jobholder’s automatic enrolment date, and the date with effect from which every worker became an active member of a pension scheme that satisfies the requirements of section 9, pursuant to arrangements made under that section;

(g) an opt in notice in respect of every jobholder who gave notice under section 7(3);

(h) a joining notice in respect of every worker who gave notice under section 9(2), and

(i) an opt out notice in respect of every jobholder who gives notice under section 8.

(2) A person falling within regulation 5(2)(a) must also keep the following records in respect of every jobholder or worker falling within paragraph (1)(e) where contributions fall to be deducted by an employer under section 33 and regulations made under that section—

(a) their gross earnings in any relevant pay reference period;

(b) evidence of the contributions that the jobholder’s employer must pay in respect of the jobholder, in order to satisfy the quality requirement for the pension scheme used by the employer to comply with the employers’ duties;

(c) the contributions payable by an employer during each relevant pay reference period and, if different, the contributions paid, and

(d) the date on which the contributions payable by an employer were paid to the pension scheme used by the employer to comply with the employers’ duties.

[F2 (2A) Where an employer (E) gives to a person (P) employed by E a notice under section 4 (postponement or disapplication of automatic enrolment) that meets the requirements prescribed in Part 6 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010 , E must keep a record of—

(a) P's full name;

(b) P's national insurance number (where available), and

(c) the date E gave the notice to P.]

(3) In this regulation—

“earnings” has the meaning given by section 13(3) (qualifying earnings);

“relevant pay reference period” means—

(a)

a period of one week, or

(b)

in the case of a person who is paid a regular wage or salary by reference to a period longer than a week, that period.

Textual Amendments

F1 Reg. 6(1)(c) omitted (6.4.2016) by virtue of The Pensions (2015 Act) (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments and Savings) Order (Northern Ireland) 2016 (S.R. 2016/158), arts. 1(a), 26(2)

F2 Reg. 6(2A) inserted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/232), regs. 1(1)(c), 4(6)

Commencement Information

I1 Reg. 6 in operation at 1.10.2012, see reg. 1(1)