BA-Events Feb 2018 v2b These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction. Neil Esslemont, Head of industry liaison Bex Woodley, Industry liaison manager February 2018 Automatic enrolment in 2018/19 for business advisers
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BA-Events Feb 2018 v2b These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.
Neil Esslemont, Head of industry liaison
Bex Woodley, Industry liaison manager
February 2018
Automatic enrolment in 2018/19for business advisers
BA-Events Feb 2018 v2b These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.
Agenda
• Welcome and getting to know you
• Automatic enrolment:
– Introduction and overview of employer duties
– Supporting your new employer clients
– Are you ready for the contribution increases?
– Quiz
Coffee and networking
– Choosing a pension and tax relief
– What happens after declaration - cyclical re-enrolment
– Compliance and enforcement approach
– DWP 2017 review
– Myth busting - testing your knowledge
– Feedback and close
The information we provide is for guidance only and should not be taken as a definitive interpretation of the law.
BA-Events Feb 2018 v2b These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.
Introduction to automatic enrolment
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Why was automatic enrolment introduced?
Past and predicted trends in the life expectancy period of 65 year
old men and women in the UK as of 2004 and 2010
7 million people under-
saving
There are currently four people of
working age for every pensioner.
By 2050 there will be just two.
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Progress to date
More than 1 million employers have
automatically enrolled jobholders
Over 545,000 workers re-enrolled by
37,000 employers
Over 9 million employees have
been enrolled in workplace
pensions
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Quarterly forecast of employers due to comply with AE
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Automatic enrolment - employer duties
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Automatic enrolment legislation gives employers a duty to:
� automatically enrol all staff who are eligible (‘eligible jobholders’)
� other staff have the right to ask to opt in or join a pension
� communicate to their staff
� manage opt outs and promptly refund contributions
� every three years, re-enrol staff who are eligible
� complete a declaration of compliance with the regulator (DoC)
� keep records
� maintain payments of pension contributions
The employee safeguards mean that employers:
� must not induce staff to opt out or cease membership of a pension, and
� must not indicate, when recruiting new staff, that the decision to employ them
will be influenced by whether or not they intend to opt out
Overview of legal duties and safeguards
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Who is included in the automatic enrolment duty?
Staff may be subject to the automatic enrolment legislation if they are:
• aged 16 to 74 (inclusive), and
• work or ordinarily work in the UK* ...
... whether or not they are full time or part time, permanent or temporary.
So, this could include:
• staff working overseas who are considered ‘ordinarily working’ in the UK*.
However, the truly self employed are not subject to automatic enrolment.
* the Channel Isles and the Isle of Man are outside the UK
BA-Events Feb 2018 v2b These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.
Is a director a worker?
• A director of a company is not classed as a worker, unless:
� the individual works for the company under a contract of employment
and
� there is at least one other person working for the company under a
contract of employment
- A director who is not working under an employment contract is never
classed as a worker
• The exemptions can apply to more than one director working for the
same company
• However, if a director who is classed as a worker triggers automatic
enrolment, the employer can choose whether or not to automatically enrol
or re-enrol them (the director will have the right to opt in or join a pension)
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Type of work contract between
the individual and this company
Employer duties apply to
this individual?
Sole director/employee - Peter
(who is a director of this company with an
employment contract)�
Additional director - Sarah
(not on an employment contract) �Additional director - George
(not on an employment contract) �Additional director - Linda
(has a written contract of employment) √ (Peter* and Linda)
Example of sole employee/director exemption
* As there are two directors with contracts of employment, duties apply to both Peter and Linda. This would be the
same even if Linda was not a director and was just an employee - Peter’s exemption would stop when she joined.
However, an employer can choose whether or not to automatically enrol/re-enrol any directors who become eligible.
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�Who is excluded?
Certain people are exempted from the AE duties, including:
• directors not working under an employment contract;
• a director who is working under an employment contract, where they are
the only employee in the company - but only for the work they carry out
for that company;
• office-holders who are not considered workers (eg non-executive
directors, trustees, elected members) - but they are only excluded for the
† For other Pay Reference Period (PRP) durations, multiply the number of weeks in
the PRP by the weekly amount (eg £192.00) or number of months by the monthly
amount (eg £833.00) etc - or pro-rata if not an exact multiple of any of the above.
N.B. The Secretary of State will review these figures each tax year.
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Banded qualifying earnings 2018-19†
SUBJECT TO PARLIAMENTARY APPROVAL
Pay Reference
Period/Cycle
Lower
Earnings Threshold
(LET)
Earnings trigger for
automatic
enrolment
Upper Earnings
Threshold
(UET)
Annual £6,032.00 £10,000.00 £46,350.00
Bi-annual £3,016.00 £4,998.00 £23,175.00
1 quarter £1,508.00 £2,499.00 £11,588.00
1 month £503.00 £833.00 £3,863.00
4 weeks £464.00 £768.00 £3,566.00
Fortnight £232.00 £384.00 £1,783.00
1 week £116.00 £192.00 £892.00
† For other Pay Reference Period (PRP) durations, multiply the number of weeks in
the PRP by the weekly amount (eg £192.00) or number of months by the monthly
amount (eg £833.00) etc - or pro-rata if not an exact multiple of any of the above.
N.B. The Secretary of State will review these figures each tax year.
BA-Events Feb 2018 v2b These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.
Minimum contribution increases
See our minimum contribution increases letters
www.tpr.gov.uk/letters-and-emails-from-tpr.aspx
Oct 2012 April 6th
2019
April 6th
2018
Min DC
8% total*Min DC
5% total*
Minimum DC 2% total contribution*
Minimum DC 1% employer contribution*
Min DC 2%
employer*
Min DC 3%
employer*
Phase 1 Phase 2 Phase 3
*% of banded
qualifying earnings
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Pensionable earnings
• Pensionable earnings can be based on qualifying earnings OR another
definition (eg basic pay).
• When qualifying earnings are used to determine pensionable pay:
– pension contributions are determined by the rules of the scheme, and
– will be based on banded earnings between the lower earnings threshold
and upper earnings threshold (currently £5,876*pa and £45,000*pa).
• If pensionable earnings are not based on qualifying earnings, the employer
can self certify if the scheme meets certain minimum criteria:
– ‘Set 1’ - if basic pay from £1 is pensionable, or
– ‘Set 2’ - if at least 85% of total pay (scheme average) is pensionable, or
– ‘Set 3’ - if 100% of total pay is pensionable.
– for the DWP self-certification template go to Annex E page 32: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/603588/money-purchase-schemes-guidance.pdf
* Pro-rata of annual amount used in each Pay Reference Period. These figures are for 2017-18. The Secretary of State will review this amount each tax year.
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DC self certification legal minimum rates
Up to
5 April 2018
6 April 2018
to 5 April
2019
From
6 April 2019
Pensionable Salary
(Basis of
% Contributions)
Set 1
(Tier 1)
2% Employer
/ 3% Total
3% Employer
/ 6% Total
4% Employer
/ 9% Total
Scheme Definition
(if >= basic pay from £1)
Set 2
(Tier 2)
1% Employer
/ 2% Total
2% Employer
/ 5% Total
3% Employer
/ 8% Total
≥85% of Total Pay
(scheme average)
Set 3
(Tier 3)
1% Employer
/ 2% Total
2% Employer
/ 5% Total
3% Employer
/ 7% Total
100% of
Total Pay
For the self-certification template go to Annex E page 32 with further guidance from DWP: www.gov.uk/government/uploads/system/uploads/attachment_data/file/307083/money-purchase-schemes-guidance.pdf
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Calculating the higher contribution payments
• Many payroll software systems use tax based pay reference periods. This means that the first tax period of 2018/19 will start on the 6th April 2018 - and so the higher legal minimum rates would apply in full to all pension contributions.
• However, an employer may be using calendar pay reference periods, which span two tax years.
• For example, monthly periods which start on the 1st April and end on the 30th April. Or a calendar week pay period could start Monday 2nd April and end Sunday 8th
April.
• In this case, the pension scheme rules / T&Cs may mean that the increased rates only apply to a proportion of earnings, as part of the contributions are for the period which falls in the old tax year and part for the new tax year.
• Many pension providers are willing to accept contributions with no pro-ration applied, where the higher % rates are used if pay day falls on or after 6 April (even if the pay period spans two tax years).
• However, check with the pension provider to see if they are using this approach.
• Employers should also check their payroll will be making the correct deductions.
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When is consultation required
• If an employer wishes to make changes to the pension they will need to consult
with staff if:
– there are 50 or more employees (average over past 12 month and to
include leavers)
AND
– it is a ‘listed event’ (this does not include a change that is required to meet
statutory obligations), for example:
• closing a pension (eg when changing pension provider)
• introducing or increasing employee contributions
• reducing employer contributions
• changing the elements that constitute pensionable earnings
� for full details of listed events www.legislation.gov.uk/uksi/2006/349/pdfs/uksi_20060349_290216_en.pdf
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Changing contribution rates
• We recommend employers write to staff to tell them when the rates are
increasing, but they should not suggest that they could cease membership
or reduce their contributions.
• Employers must not take any action, the ‘sole or main purpose’ of which, is
to induce staff to cease active membership of a qualifying scheme (and this
includes inducing staff to reduce their contributions – if it means they would
become an active member of a non-qualifying scheme).
• If scheme rules allow, rather than ceasing membership, staff could reduce
their contribution rate, even if the total rate goes below the legal minimum;
– but many pension schemes do not allow this.
• If a member of staff does reduce their contribution rate:
– the employer may or may not be obliged to continue to pay the full
employer contribution, depending on the scheme rules
– if the employer rate or total contribution rate becomes lower than the
legal minimum, the pension will then become non-qualifying for this
member of staff (and they will need to be re-assessed at re-enrolment).
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Automatic enrolment - quiz
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Who is exempt
Which of these people are exempt and should never be automatically
enrolled?
A. LLP partners who are workers and are not ‘salaried members’
under HMRC tax rules
B. directors working under an employment contract, where there is
more than one employee
C. directors not working under an employment contract
BA-Events Feb 2018 v2b These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.
Who is exempt
Which of these people are exempt and should never be automatically
enrolled?
A. LLP partners who are workers and are not ‘salaried members’
under HMRC tax rules
B. directors working under an employment contract, where there is
more than one employee
C. directors not working under an employment contract �
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New employers
Which statement is true for employers who become an employer from
1 October 2017 onwards?
A. Their duties start date will be the contracted start date of their first
worker.
B. Their duties start date will be determined by when they first use a
PAYE scheme to pay any of their staff.
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New employers
Which statement is true for employers who become an employer from
1 October 2017 onwards?
A. Their duties start date will be the contracted start date of their first
worker.
B. Their duties start date will be determined by when they first use a
PAYE scheme to pay any of their staff.
We are likely to first become aware of a new employer shortly after they
make their first RTI submission, but their duties start date is set by their
first worker’s start date.
�
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On 1 June 2018, ACME Workshops Ltd buys another company, Betamax
Videos Ltd. Some of Betamax’s staff have their contracts of employment
transferred to ACME on 1 June 2018.
They merge their payroll systems and Betamax starts to pay their remaining
staff using ACME’s PAYE reference.
Which statement is true?
A. Betamax’s staging date is changed to become the same as ACME’s.
B. The staff transferred to ACME are treated as new joiners by ACME and, if
eligible, need to be automatically enrolled – even if they opted out in the
last 12 months.
C. Both ACME and Betamax are treated as ‘new employers’ and each now
have a duties start date of 1 June 2018.
Mergers and acquisitions
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On 1 June 2018, ACME Workshops Ltd buys another company, Betamax
Videos Ltd. Some of Betamax’s staff have their contracts of employment
transferred to ACME on 1 June 2018.
They merge their payroll systems and Betamax starts to pay their remaining
staff using ACME’s PAYE reference.
Which statement is true?
A. Betamax’s staging date is changed to become the same as ACME’s.
B. The staff transferred to ACME are treated as new joiners by ACME and, if
eligible, need to be automatically enrolled – even if they opted out in the
last 12 months.
C. Both ACME and Betamax are treated as ‘new employers’ and each now
have a duties start date of 1 June 2018.
Mergers and acquisitions
�
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Your client uses a calendar monthly pay reference period, paid in arrears. For
the April 2018 payroll run, the pay period starts 1 April and ends on 30 April.
Pay day is on the first Friday of the month – on Friday 6 April 2018.
Your client is using a pension scheme with legal minimum rates and on 6 April
these rates are changing from [1% + 1%] to [2% employer + 3% employee].
Which statement is true?
A. Their pay was earnt in March, so payroll should deduct 1% of their
qualifying earnings from members’ salary.
B. Payroll should deduct 3% of their qualifying earnings from members’ salary.
C. The payments depend on what the pension scheme rules specify.
D. April has 30 days, so payroll should pro-rate and deduct from salary
[1% x 5/30th] + [3% x 25/30th] of their qualifying earnings.
Paying increased pension contributions in 2018/19
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Your client uses a calendar monthly pay reference period, paid in arrears. For
the April 2018 payroll run, the pay period starts 1 April and ends on 30 April.
Pay day is on the first Friday of the month – on Friday 6 April 2018.
Your client is using a pension scheme with legal minimum rates and on 6 April
these rates are changing from [1% + 1%] to [2% employer + 3% employee].
Which statement is true?
A. Their pay was earnt in March, so payroll should deduct 1% of their
qualifying earnings from members’ salary.
B. Payroll should deduct 3% of their qualifying earnings from members’ salary.
C. The payments depend on what the pension scheme rules specify.
D. April has 30 days, so payroll should pro-rate and deduct from salary
[1% x 5/30th] + [3% x 25/30th] of their qualifying earnings.
Paying increased pension contributions in 2018/19
�
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Your client is using a legal minimum pension scheme and on 6 April the rates
change from [1% + 1%] to [2% employer + 3% employee].
The scheme rules do allow members to choose to pay a contribution rate lower
than the legal minimum.
If, in May 2018, an existing pension scheme member decides to reduce their
contributions to 2%, which statement is true?
A. They will get a refund of 1%, for all contributions paid since 6 April 2018.
B. They will become an active member of a non-qualifying scheme and need
to be reassessed on your client’s next re-enrolment date.
C. They have to cease membership and then re-join the pension at the lower
contribution rate of 2%.
D. Your client is legally obliged to continue to pay 2% employer contributions.
Staff who want to reduce contributions in 2018/19
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Your client is using a legal minimum pension scheme and on 6 April the rates
change from [1% + 1%] to [2% employer + 3% employee].
The scheme rules do allow members to choose to pay a contribution rate lower
than the legal minimum.
If, in May 2018, an existing pension scheme member decides to reduce their
contributions to 2%, which statement is true?
A. They will get a refund of 1%, for all contributions paid since 6 April 2018.
B. They will become an active member of a non-qualifying scheme and need
to be reassessed on your client’s next re-enrolment date.
C. They have to cease membership and then re-join the pension at the lower
contribution rate of 2%.
D. Your client is legally obliged to continue to pay 2% employer contributions.
Staff who want to reduce contributions in 2018/19
�
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Pension schemes
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Does the employer need a pension?
• The employer should have an automatic enrolment pension scheme in place
by their duties start date if they have someone to automatically enrol on this
date.
• If there is no one who needs to be automatically enrolled, then a pension
scheme does not need to be set up ...
– but it may be useful to decide which pension would be used if someone
asks to join or meets the criteria to be automatically enrolled.
• The employer has the right to select the pension and can choose to decline
any employee’s request to contribute to a different pension scheme.
• If the employer wants to use a scheme requested by a member of staff they
need to check that it can be used and is a qualifying scheme.
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What pension schemes can be used?
� must be registered in the UK or EEA*� must have no barrier to automatic enrolment
� must be a qualifying scheme
Automatic enrolment scheme
Qualifying scheme
� must be tax registered:� and meet minimum criteria
Workers already
active members of a
qualifying scheme do
not need to be
automatically enrolled
Must be used
for automatic
enrolment and
‘opt ins’
Employers will
need to contribute
to the pension
scheme
*European Economic Area states
Employers may also
use a qualifying scheme
or an automatic
enrolment scheme for
entitled workersScheme for
entitled workers� scheme
is registered
Employers are notrequired to make an
employer contribution
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Choosing a new pension - how to find one
Pensions suitable for automatic enrolment:
On our website, we list those providers that have said they have pensions
available to all small employers looking for a pension for automatic enrolment:
– NEST - the pension set up by government
– Pensions regulated by the Financial Conduct Authority (FCA)
– Independently reviewed master trust pensions
• the master trust assurance framework provides an independent review
against an industry-wide benchmark of quality
• these features in our DC code represent the standards of governance
and administration that we expect trustees to attain
• However, if your client is using salary sacrifice for pension contributions then
NPA or RAS does not apply.
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Tax relief mechanisms used by pensions on our list †
Net Pay Arrangement (NPA) Relief At Source (RAS)
Workers Pension Trust True Potential Investments
AutoEnrolment.co.uk (Smart Pension) The People’s Pension1
Welplan Pensions NEST
The Creative Pension Trust Aviva Workplace Pension
Ascot Lloyd Pension Trust Standard Life Workplace Pension2
The BlueSky Pension Scheme
Corporate Pensions Trust
1 Relief at source is the default, but some employers may have chosen to use NPA instead.2 Large employers may be using the trust based scheme, which uses NPA (the GPP uses RAS).
• The essential guide to automatic enrolment:www.tpr.gov.uk/docs/the-essential-guide-for-automatic-enrolment.pdf
• Our detailed guides for employers and pension professionals:www.tpr.gov.uk/employers/detailed-guidance.aspx
• Information about declaration of compliance:www.tpr.gov.uk/completing-the-declaration-of-compliance.aspx
• Letter templates for employers:www.tpr.gov.uk/writing-to-your-clients-staff.aspx
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Useful tools
• The ‘Duties checker’:www.tpr.gov.uk/en/employers/duties-checker
• Nominate a point of contact:https://automation.thepensionsregulator.gov.uk/Nomination
• Find a letter code online:https://automation.thepensionsregulator.gov.uk/LetterCode
• Tell us you are ‘not an employer’:https://automation.thepensionsregulator.gov.uk/notanemployer
• Bulk declaration of compliance (file upload):https://www.autoenrol.tpr.gov.uk/
• Work out pension contributions:www.tpr.gov.uk/employers/employer-contributions.aspx
• State Pension Age calculator – www.gov.uk/calculate-state-pension
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Summary of deadlines
Action/Communication Deadline
Letter to workers who are not already in a qualifying pension scheme at staging
6 weeks after staging / duties start date
Joining window, enrolment notifications and transitional period notices
6 weeks from the assessment date (eg by 23:59 on Tuesday 12 May, if assessed Wednesday 1 April).
opt out window 1 month from when both:• the enrolment notification is given, and• active membership is achieved.
Postponement notices 6 weeks from the day after the assessment date (eg by 23:59 on Wednesday 13 May, if assessed on Wednesday 1 April).
Complete declaration of compliance after staging 5 months after staging / duties start date
Complete declaration of compliance after re-enrolment 5 months after the 3rd anniversary of the staging / duties start date (or previous re-enrolment date)
Normal contribution payments to scheme provider 22nd day of the month following the month of deduction (19th day for non-electronic payments).
New member contribution payments to scheme provider (for all deductions made in first 3 months of membership)
22nd day (for electronic payments) of the first month, following a three month period starting the day active membership is effective (19th day for non-electronic payments) eg enrolments2 January to 1 February = e-payment deadline is 22 May.
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Additional slides
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Monitoring eligibility for automatic enrolment
• After the staging / duties start date, employers will have to assess, every
pay period, any worker who:
i. is not an active member of a qualifying pension scheme, and
ii. is not under postponement or the transitional period, and
iii. has not previously been automatically enrolled (or assessed as an
eligible jobholder whilst an active member of a qualifying schemeϮ).
• Workers assessed as an eligible jobholder would then need to be
automatically enrolled (or postponed).
• Those workers that do not fall into the above category should be left until
the next cyclical re-enrolment date (see slide on cyclical re-enrolment).
Ϯ A worker who has simultaneously been an eligible jobholder and an active member of a qualifying
scheme since the later of:
• the employer’s staging / duties start date; or
• the date they started work for the employer; or
• the last day of postponement.
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• It is the employer’s responsibility to choose a pension scheme for their
workers.
• Employers should consider what features are important for their workers,
for example:
– charges (there is an annual 0.75% charge cap on the default fund)
– choice of funds other than the default strategy (eg Sharia,ethical)
– options at retirement and/or from age 55 (eg drawdown options)
– whether they provide ‘one pot per member’ and rules on transfers
– how tax relief is applied (eg through payroll or by the pension provider)
– online member services
– member communications (may be available in multiple languages)
• For help on how to select a qualifying pension, please see:
www.tpr.gov.uk/choosing-a-pension-scheme.aspx
Choosing a new pension - factors to consider
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2017 AE review - key findings
DM 6031012 v2L These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.
DM 6031012 v2L These slides remain the property of The Pensions Regulator and their content should not be altered on reproduction.