SUPERVISION DEPARTMENT GUIDELINE NO. 1/2017
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1 SUPERVISION DEPARTMENT GUIDELINE NO. 1/2017 PRUDENTIAL GUIDELINE FOR THE IMPLEMENTATION OF REGULATIONS 14 (2A) AND 19 (6) OF THE RETIREMENT BENEFITS (OCCUPATIONAL RETIREMENT BENEFITS SCHEMES), REGULATIONS, 2000 ON MANAGEMENT OF POST-RETIREMENT MEDICAL FUNDS RBA Prudential guideline Page 1
2 1. INTRODUCTION Regulation 14(2A) of the Retirement Benefits (Occupational Retirement Benefits Schemes)Regulations, 2000 requires scheme rules to allow for additional voluntary contributions by a member in respect of funding of a medical fund to be accessed at retirement. Further, Regulation 19(6) of the Retirement Benefits (Occupational Retirement Benefits Schemes) Regulation, 2000 requires schemes rules to allow members transfer a portion of benefits to a medical-cover provider where the member has been unable to build a post-retirement medical fund from additional contributions. This Prudential Guideline outlines the key aspects in the implementation and management of post-retirement medical funds. 1.1 EFFECTIVE DATE This Prudential Guideline shall come into effect on the date of publication of the guideline 1.2 DEFINITIONS Medical drawdown fund - Means a fund which pays incurred medical expenses and is administered by a registered insurance company or other regulated financial services provider Other definitions to be considered as deemed appropriate Any term(s) defined in the Retirement Benefits Act and Regulations retains the same meaning for the purposes of this guideline. RBA Prudential guideline Page 2
3 2. SETTING UP POST-RETIREMENT MEDICAL FUNDS 2.1 All schemes shall be required to introduce provisions in the scheme rules allowing for contributions by members in respect of a postretirement medical fund by either; i. Amending the scheme rules or ii. Formulating a supplementary deed to govern the operations of the medical fund. 2.2 The Deed of amendment or the Supplementary Deed shall be forwarded to the Authority for approval before implementation in accordance with Regulation 16(1(c) of the Retirement Benefits (Occupational Retirement Benefits Schemes) Regulations The Trustees may seek professional advice from an Actuary when determining the appropriate design and funding, including advise on contribution levels expected to meet target set of medical benefits at retirement, of the post-retirement medical fund 2.4 The sponsor may meet the initial set-up costs of the medical fund. 3 CONTRIBUTIONS 3.1 Contributions to the post-retirement medical shall remain voluntary and may be made by the member, sponsor or both provided that; Any contributions by the sponsor shall be supported through a sponsor s resolution; and the same shall be submitted to the Authority. 3.2 All contributions (from sponsor and/or members) shall vest to the member immediately RBA Prudential guideline Page 3
4 3.2 Contributions into the fund by members and/or the sponsor shall either be: i. A fixed percentage of members emoluments ii. Fixed amount per member iii. Amounts determined by an actuary aimed at achieving a target post-retirement medical benefit upon retirement 4 ADMINISTRATION & INVESTMENT 4.1 The medical fund shall be administered and managed by the Board of Trustees of the main fund. The Trustees will have a fiduciary responsibility to manage the medical fund to the exclusive benefit of all participating members and/or their/beneficiaries. 4.2 Trustees shall retain the same service providers for the medical fund as those of the main fund; 4.3 The medical fund shall be segregated from the funds of the main retirement benefits scheme funds 4.4 The Trustees shall prepare a separate investment policy for the medical fund in line with Section 37 of the Retirement Benefits Act and Regulation 37 of the Retirement Benefits (Occupational Retirement Benefits Schemes), Regulations The preparation of the policy shall be an expense of the medical fund or the sponsor. 4.5 All the reporting, communication, disclosure & general administration requirements in the Retirement Benefits Act & the related Regulations shall apply in the management of the medical funds. RBA Prudential guideline Page 4
5 5 ACCESS 5.1 The scheme rules shall specify how the post-retirement medical benefits will be accessed; i. On attainment of the scheme s retirement age or ii. Exit before attainment of retirement age 5.2 Upon attainment of retirement age, benefits shall be provided through various options which depend on the fund design as in 2.3 above. These options may include: Transfer to a medical drawdown fund Transfer portion or whole of the fund to a registered insurance company for purchase of a medical insurance cover. Provision of medical benefits within the scheme and/ or medical fund in accordance with the scheme/fund provisions 5.3 Upon exit before attainment of the retirement age, scheme rules shall provide how the accumulated funds will be accessed provided that; The Sponsor s contribution (if any); Shall not be accessed by the member until attainment of retirement age (early/normal), or in case of death, illhealth or permanent emigration/relocation to another country May be transferred to another registered post-retirement medical fund or a medical provider to secure cover Members shall have the following options with respect to the portion of the medical fund arising from own contributions: RBA Prudential guideline Page 5
6 Payment of up to hundred per centum of the fund Transfer hundred per centum of the fund to another registered medical fund or a medical service provider to secure a cover Benefits in this fund shall not be accessed while the member remains in the employment of the sponsor 5.4 Upon death of the member, as the beneficiaries shall be utilised to either secure a medical cover for the nominated beneficiaries or as one-off payment to the beneficiaries. 6 TRANSFER OF MEMBER S PORTION 6.1 Trustees shall amend the scheme rules to allow members who have attained the retirement age to transfer of a portion of their retirement benefits (pension benefits accrued/accumulated in the main fund) to a medical service provider for the purposes of securing a postretirement medical cover provided that; The portion so transferrable shall not exceed the maximum of commutable amount 6.2 The amendments to the scheme rules shall be forwarded to the Authority for approval 7 GUARANTEES 7.1 If the sponsor contributes to the fund and the fund design provides for guarantees on the level of medical benefits, then the consent of the sponsor shall be required in determining the level and design of the guarantees, and before any amendments to the guarantees in future. 7.2 Schemes with such guarantees will be required to carry out triennial actuarial valuations and the same shall be submitted to the Authority. RBA Prudential guideline Page 6
7 7.3 Scheme rules shall specify how deficits in the fund, if any, will be offset. 8 TAXATION The current taxation regime for additional voluntary contributions (AVCs) by members and funds/benefits arising from these contributions shall apply with respect to the medical fund; unless otherwise communicated by the Authority Issued This. Day of 2017 CHIEF EXECUTIVE OFFICER RBA Prudential guideline Page 7
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