Abolition of contracting-out on a defined contribution basis

Sunday, October 2nd, 2011

HMRC’s latest PAYE Update reminds payroll software developers and employers of what they need to do to prepare for abolition of defined contribution contracting-out from April 2012.

It will be each employer’s responsibility in April 2012 to allocate the correct NI Table Letter to those employees affected by the withdrawal of contracting-out for all pension schemes that operate on a defined contribution (DC) basis.  The schemes affected are:

  •  Contracted-out money purchase (COMP) schemes
  • Sections of contracted-out mixed benefit (COMB) schemes contracted-out on a DC basis
  • Appropriate Personal Pension (APP) Schemes and APP Stakeholder Schemes.

It will still be possible to contract-out of the additional State Pension on a Defined Benefit basis in the case of Contracted-out Salary Related (COSR) schemes.  Table Letters D, E or L may not be used unless the employer holds a COSR contracting-out certificate.

Employers are directed to

  • plan for the changes, if they are not already doing so
  • discuss with the scheme trustees and/or their advisors how the scheme will operate following this change
  • consider any scheme changes to take account of the fact that neither secondary (employer) or primary (employee) NICs rebates will be available
  • communicate the pension scheme changes to their employees
  • be aware that they and their employees will pay standard rate NICs rather than the reduced contracted-out rate of NICs, unless changing to a COSR scheme
  • be aware that from the 2012/13 tax year NICs category letters F, G, H, K, V and S will become obsolete and should not be entered onto forms P11 or P14 in any circumstances
  • ensure that the correct NI category is applied to all earnings paid after 6 April 2012
  • be aware that the Scheme Contracted-out Number (SCON) field will be removed from the P14 form.

Payroll software developers are directed to discuss the points above with their employer clients and consider

  • how any DC scheme will operate following this change, and
  • what NIC rates will apply to individual employees following this change, dependent on individual circumstances.

Further information:

PAYE update 5 – Abolition of Contracting Out on a Defined Contribution basis

Employer factsheet: Abolition of contracting out on a defined contribution basis

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