UK Nursery, Recruiter Plead Guilty to Misleading TPR

Regulator said firms lied about providing pensions for their workers.

A UK pre-school director lived up to the name of the Tiny Hearts Day Nursery she ran by failing to provide a pension for employees as required, and then lying about it to The Pensions Regulator (TPR). 

Appearing at Brighton Magistrates’ Court, Christine Moore pleaded guilty to willful failure to comply with the daycare center’s pension duties. She also admitted to misleading TPR by claiming staff had been set up with pensions when they in fact had not.

TPR said Moore falsely told the regulator her company had automatically enrolled 13 nursery staff. After an alert from a whistleblower, however, and an investigation by TPR, the regulator found that although a pension plan had been set up, no staff had been automatically enrolled.

“Any employee who is eligible for automatic enrolment must be put into a pension and contributions must be paid in on their behalf,” Darren Ryder, director of automatic enrolment at TPR, said in a statement. “TPR will not stand by if an employer does not meet their responsibilities and we will take action to make sure staff get the pensions they are entitled to.”

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Moore, 60, will be sentenced Nov. 20 and faces an unlimited fine.

TPR also reported that a recruitment agency and its managing director also have pleaded guilty to misleading the regulator by falsely claiming staff had been enrolled into a workplace pension.

SKL Recruitment Ltd andmanaging director

Linus “Lee” Kadzere admitted to willfully failing to comply with workplace pension duties and recklessly providing false information to TPR. The plea also was at the at Brighton Magistrates’ Court.

Kadzere told TPR that his company had automatically enrolled 22 staff. But following whistleblower reports, and an ensuing TPR investigation, the regulator found that a pension plan had been established, but no staff had been enrolled. No pension contributions deducted from pay had been paid into the plan.

“Kadzere misled TPR to cover up that he was deliberately denying his staff the pensions they are due,” Ryder said. “That is a serious offence which we will not tolerate.”

SKL and Kadzere, 54, pleaded guilty to three charges of willfully failing to comply with their automatic enrolment duties under the Pensions Act 2008 and one charge each of knowingly or recklessly providing false information to TPR under the Pensions Act 2004. Both will be sentenced on Dec. 17, and the maximum charge is an unlimited fine.

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FedEx to Close Pension Plan to New Employees

Move comes on heels of report that firm paid $0 in taxes in 2018.

FedEx will  stop offering its defined benefit pension plan to new employees beginning in 2020, and will put them in an expanded 401(k), according to news reports. The move was announced to employees in a company memo, The Wall Street Journal said.

Under the new plan, to be launched in 2021, the company will match contributions up to 8% of employee salaries if employees contribute 6% of their salary. The current 401(k) matches up to 3.5% of salaries. 

Companies usually close their defined benefit plan to save money.  FedEx said this was not the reason the company made the move. They said the action was designed to become more competitive in the market place with a stronger voluntary retirement savings offering.

“We have a number of cost initiatives in place … but this is not one of them,” Patrick Fitzgerald, FedEx’s head of marketing and communications told the Daily Memphian. “Only 22% of Fortune 50 companies continue to offer pensions, and 11% of transportation companies offer a pension plan to new employees,” he said.  The move is “not about any cost savings for the company. It’s really more about evolution of our benefits and being competitive as an employer.”

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The decision doesn’t affect the current employees’ pensions unless they decide to stop accruing benefits in the portable pension plan and instead choose the new 401(k) plan. It also won’t affect company retirees.

FedEx contributed $1 billion to its US pensions plans, according to its most recent annual report. In May 2018, the company signed an agreement with Metropolitan Life to purchase a group annuity contract representing the transfer of $6 billion of pension obligations for approximately 41,000 retirees and beneficiaries.

The changes will apply to US workers hired beginning Jan. 1 2020 at FedEx’s operating units, including FedEx Express, FedEx Freight, and FedEx Services.

The decision to close the pension to new workers comes on the heels of a New York Times report that said FedEx paid $0 in taxes during 2018, thanks to the Tax Cuts and Jobs Act of 2017. The company didn’t take kindly to the report saying it “is a deliberate distortion” of the company’s actions, and that “FedEx has paid federal income tax every year, including fiscal year 2018.”

The report bothered FedEx Chairman and CEO Frederick Smith so much that he challenged New York Times publisher A.G. Sulzberger, and the newspaper’s business section editor, to a public debate about “federal tax policy and the relative societal benefits of business investments.” The New York Times said it stands by its reporting.

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