Pensions Act 2008

Pensions Act 2008 ^[1]

Parliament of the United Kingdom
Long title	An Act to make provision relating to pensions; and for connected purposes.
Citation	2008 c. 30
Introduced by	Peter Hain
Territorial extent	United Kingdom
Dates
Royal assent	26 November 2008
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Pensions Act 2008 (c 30) is an Act of the Parliament of the United Kingdom. The principal change brought about by the Act is that all workers will have to opt out of an occupational pension plan of their employer, rather than opt in. A second change is the creation of a National Employment Savings Trust, a public pension provider for those who do not have an occupational pensions, which will function as a low-fee pension scheme in competition with existing funds.

Key provisions

Automatic enrolment

The cornerstone of the Pensions Act 2008 is the introduction of automatic enrolment. This provision requires employers to automatically enrol eligible workers into a qualifying pension scheme. ^{[2] [3]} The key aspects of automatic enrolment include:

• Workers aged between 22 and the State Pension age, earning above a certain threshold (initially set at £5,035, later increased to £10,000), must be automatically enrolled. ^{[2] [4]}
• Instead of choosing to join a pension scheme, workers now have to actively decide to opt out if they do not wish to participate
• Employers must enrol eligible workers from their first day of employment, although some high-quality schemes may have a three-month deferral period

National Employment Savings Trust (NEST)

The Act provided for the creation of the National Employment Savings Trust (NEST), a public pension provider designed to offer a low-fee pension scheme. NEST serves as an alternative for workers who do not have access to an occupational pension scheme through their employer.

Employer contributions

A key feature of the Act is the requirement for employers to contribute to their workers' pension schemes. The minimum contribution rates were phased in over time, starting at 2% of qualifying earnings and increasing in subsequent years. ^[5]

Implementation timeline

The implementation of the Pensions Act 2008 was staged over several years:

• October 2012: Large employers began implementing automatic enrolment
• June 2015 to May 2017: Small and micro employers were brought into the scheme ^[5]
• September 2017: The final staging date for the rollout of automatic enrolment

Commencement orders

The act was commenced in force over time by a number of statutory instruments between 2008 and 2018:

• Pensions Act 2008 (Commencement No. 1 and Consequential Provision) Order 2008 (SI 2008/3241)
• Pensions Act 2008 (Commencement No. 2) Order 2009 (SI 2009/82)
• Pensions Act 2008 (Commencement No. 3 and Consequential Provisions) Order 2009 (SI 2009/809)
• Pensions Act 2008 (Commencement No. 4) Order 2009 (SI 2009/1566)
• Pensions Act 2008 (Commencement No. 5) Order 2010 (SI 2010/10)
• Pensions Act 2008 (Commencement No. 6) Order 2010 (SI 2010/467)
• Pensions Act 2008 (Commencement No. 7 and Saving, Consequential and Incidental Provisions) Order 2010 (SI 2010/1145)
• Pensions Act 2008 (Commencement No. 8) Order 2010 (SI 2010/1221)
• Pensions Act 2008 (Commencement No. 9) Order 2011 (SI 2011/664)
• Pensions Act 2008 (Commencement No. 10) Order 2011 (SI 2011/1266)
• Pensions Act 2008 (Commencement No. 11) Order 2011 (SI 2011/3033)
• Pensions Act 2008 (Commencement No. 12) Order 2012 (SI 2012/683)
• Pensions Act 2008 (Commencement No. 13) Order 2012 (SI 2012/1682)
• Pensions Act 2008 (Commencement No. 14 and Supplementary Provisions) Order 2012 (SI 2012/2480)
• Pensions Act 2008 (Commencement No. 15) Order 2014 (SI 2014/463)
• Pensions Act 2008 (Commencement No. 16) Order 2018 (SI 2018/63)

Compliance and enforcement

The Pensions Regulator was given responsibility for ensuring compliance with the new regulations. The regulator has the power to issue notices and penalties to employers who fail to meet their obligations under the Act. ^[6]

Amendments and future developments

Since its enactment, the Pensions Act 2008 has undergone several amendments and updates. These include changes to earnings thresholds, contribution rates, and the expansion of eligibility criteria. ^[5]

See also

• Minimum employer contribution
• Pensions in the United Kingdom
• National Employment Savings Trust
• Pensions in the United States
• Pension Protection Act of 2006, a law allowing (but not requiring) employers to automatically enrol employees into defined contribution schemes

State pensions Acts

• National Insurance Act 1946
• Social Security Contributions and Benefits Act 1992 ()

Private pensions Acts

• Pension Schemes Act 1993
• Pensions Act 1995
• Pensions Act 2004
• Pensions Act 2007

Notes

1. The citation of this Act by this short title is authorised by section 151 of this Act.
2. Pensions, Department for Work and. "Explanatory Notes to Pensions Act 2008". www.legislation.gov.uk. Archived from the original on 25 September 2023. Retrieved 7 January 2025.
3. Pensions, Department for Work and. "Explanatory Notes to Pensions Act 2008". www.legislation.gov.uk. Archived from the original on 25 September 2023. Retrieved 7 January 2025.
4. "Pensions Act 2008" (PDF). Congreso de los Diputados. Retrieved 7 January 2025.
5. "Summary: Workplace pensions and Automatic Enrolment: employers' perspectives 2022". GOV.UK. Retrieved 7 January 2025.
6. "Compliance and Enforcement Strategy for Employers Subject to Automatic Enrolment Duties". The Pensions Regulator. June 2016. Retrieved 7 January 2025.

References

• 'All firms must offer pensions, government agrees' (27 October 2010) BBC News
• E McGaughey, A Casebook on Labour Law (Hart 2019) ch 6(4)

External links

• Department for Work and Pensions explanatory page
• The Pensions Act 2008, as amended from the National Archives.
• The Pensions Act 2008, as originally enacted from the National Archives.
• Explanatory notes to the Pensions Act 2008.