Started with current employers temp in July 2012. They say I opted out pension then but only evidence is they refunded my first month payments - I genuinely have no memory of opting out but as I was temp I can believe I did.
They are a local authority and somewhere between me starting and Feb 2014 I got an email to say I would be auto enrolled. I definitely never opted out at this point as it was looking like I would be staying so I waited but they never enrolled me.
I know I should have been quicker but I've been in dialogue since last year with them - asyo why I was not autoenrolled as I believe I should be able to pay contributions from the staging date ?
Also I think they should be auto enrolling me again 3 years on so at the latest Feb 2017 (I've managed to get it set up from April 2017 I think)
Any advice greatly appreciated as I continue a spirited dialogue...
I'm not sure if auto enrol was even allowed back in 2012. Most schemes required an actual application to be completed. If you haven't been paying contributions or receiving membership statements for the last 5 years you can't have been a member. It's a shame, particularly if an admin mistake was made, but you should really have made them aware deductions weren't being made as expected.
Ok I will ask for copies. I'm on a secondment right now but I started this conversation a year ago.
I definitely received an email saying I would be autoenrolled prior to July 2014 when I changed roles and offices and on investigating the staging date ended February 2014 so it should have been prior to that.
That should have been regardless of any previous opt out as it was then a legal requirement.
Likewise thee is a 3 year trigger to opt out again which should at the latest have been February 2017.
I'm happy to pay in any contributions I missed due to their error but they are now saying I would be liable for employer contributions too which I think is bullshit - from the autoenroll date of Feb 2014 at least, I can't even be arsed arguing about July 2012 but I will ask to see all the opt outs.
my question really is if they didn't enrol me when the staging date means they had a legal requirement to do so can I get them to backdate their contributions?
We were all informed we would be auto enrolled whether we had previously opted out or not when the staging date arrived and that we would need to them opt out of the auto enrollment. I am really hoping I kept these emails.
Look I really appreciate the posts, thank you all for taking the time, but the question I need the answer to is if they did not auroebrol me by their error then are they liable for their back contributions, not a debate about emails. Does anyone know? I will try Acas when I get a chance.
If you haven't got them, ask the Pensions department for them, in the first instance - in writing. Also ask colleagues - plenty of people are the type to file that sort of thing (I am!) Might also be worth looking into whether a Freedom of Information Act will help you, as it sounds like your employer is a public body. In the first instance though - just ask for a copy of all information emails sent to employees regarding auto entrolment.
For me personally, I would pursue everything from 2012 - pension is too valuable not to. That said - it sounds like you did opt out, and you certainly had your contributions refunded for first month so you were aware.
It's not just about the payment it's about the years of service. If your LGPS (assume you're talking about LGPS?) is a defined benefit scheme then the contributions from either of you aren't in an earmarked pot. But the payout will be based on accrued years of service, so i would want to get as many of those banked as possible.
RJnomore1 - everything in this message: Thu 30-Mar-17 06:53:54
Is correct. And, yes, they should pay it back if they made an error.
It sounds as if it got stuck between the cracks when you changed department.
If it is LGPS then speak to the scheme administrators, they are very hot on not accidentally opting people out. If no joy there, try the ombudsman.
Don't do an FOI request, that's for company information. If they do not turn up and you cannot find the emails and/or opt outs, then try a Data Protection Act Subject Access Request, that is for your personal data and may focus their minds, though to be honest if they say they don't have them when you ask and then turn them up in a SAR you've got to question their processes somewhat, eh?