A non-executive director who has no employment contract is requesting to be registered for pension via NEST, like the employees in the company.
Can an office holder be registered for pensions? I thought only workers were permitted to auto enroll through the company?
We do not have any problem with registering him for pensions, but unsure if this is permitted since he is not also an employee?
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I have looked this up and it depends if they have a contract of service...…
The Pensions Regulator has indicated that office-holders – essentially non-executive directors and company secretaries – will also normally fall outside the scope of AE.
You say there is no employment contract, so Auto-enrolment should only apply to them, if they have a “contract of service” for all or part of their duties, given that this will make them an employee.
If unsure of something such as this, I would always phone the pension regulator for confirmation to save any problems down the line and make a note of your call.
Surely if he is 'not also an employee' he has no employment income, and therefore the company will not have to make any pension payment on his behalf if he joins NEST?