Declaration of compliance

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Hi, I need help with filling declaration of compliance. I have a small limited company. In payroll I have me (director) and one employee (he is eligible jobholder). I would like to opt out, can I?

I am wondering how should I answer on this question?

The number of staff you had to put into a pension scheme: 1 (just one employee)??

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By HuntFord
09th May 2017 09:04

Hi Mx Anonymous,
Can we have a few more details please, to narrow down the answer.
When did the company stage?
Did you put your eligible jobholder into a scheme already?
If so, did you put yourself in too?

From that I can make sure you get the best answer

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Euan's picture
By Euan MacLennan
09th May 2017 10:34

As a director, you are not a "worker" according to s.90 Pensions Act 2008 and are therefore exempt from the legal requirement to be enrolled into a qualifying pension scheme (unless you you work for your company under an explicit contract of employment, which is most unlikely). As such, you do not "opt out" because you were never in the scheme in the first place and you are not included in the Declaration of Compliance (even if you chose to put yourself into the pension scheme).

So, depending on your answers to the questions above, it seems likely that you report 1 employee at your staging date and 1 employee who was enrolled into the specified pension scheme.

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