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Employers backdating pension contributions

FOI ref - FOI-193

Date - 22 November 2023

Request

I would like to ask how many employers backdate or “correct” the pension contributions in relation to time and whether this leads to fines being issued?

Does the TPR hold any data to suggest smaller companies often have to recalculate amounts paid and if so, how many fines have been issued?

See below table for format answer where the data is not correct but simply a guidance point).

Number of employees Time taken to update the pension regulator Fines issued
Between 1-50 1 year 67
Between 50-100 2 years 112
Between 100-1000 3 years 195

I am trying to establish the average length of time it takes employers to get the contributions correct and whether the number of employees impacts the results.

Response

I confirm that we do not hold the information you have requested.

There are two instances where employers may have to backdate or “correct” pension contributions:

  • when an employer has failed to carry out their automatic enrolment (AE) duties on time and needs to backdate their contributions
  • when an employer needs to repay missing or late contributions into an existing AE pension scheme

Turning to your request for information about the average length of time that it takes for employers to correct their contributions, TPR doesn’t hold this data.

Generally, TPR would not take different action in relation to the three cohorts/sizes of employers highlighted in your table in terms of when we require an employer to backdate contributions. However, each case stands on its own facts.