Accounting for pensions New interpretation on balance sheets limits published

Similar documents
BCE3 (the benefit crystallisation associated with proportionately large pension increases);

Transfer values Government consults on draft regulations

determine if these sources of funding could be used to increase assistance for affected scheme members; and

Actuarial profession issues warning on commutation factors

Pensions Regulator Financial Support Directions Reasons published

Priority on wind-up Appeal Court rules on Barber windows

Abolition of the transfer lump sum death benefit closing down a mechanism whereby ASP could be used for inter-generational capital transfers.

Transfer values Government lays regulations for new trustee-driven regime

Deregulatory review of private pensions Government response

Winding up Entitlement extends to those who can control steps to payment

FTSE 250 Executive Pensions Survey

PLANNING FOR PENSIONS AUTO-ENROLMENT AUGUST 2010 Employers will be required from October 2012 onwards to enrol the vast majority of their employees

PENSIONER BUY-IN MARKET MARCH 2011 The 2011 buy-in market - opportunities to reduce risk for UK pension plans of all sizes.

PENSIONS ACT 2004 RESTRICTIONS ON LUMP SUM DEATH BENEFITS

Budget 2014: radical changes to pensions (and not just DC)

UK EVENTS SCHEDULE SEPTEMBER - DECEMBER Events that address and explain hot topics, key issues and the latest industry developments.

Our view on recent regulatory and legal developments for trustees of small self administered pension schemes.

TUESDAY 28 SEPTEMBER 2010 THE INTERCONTINENTAL HOTEL, LONDON, UK. LCP Annual Pensions Conference 2010: delivering pensions in a new era of austerity.

End of the waiting game

The Government has announced the contracting-out rebates to apply from 6th April A draft Order has been laid before Parliament confirming that:

Restricting pensions tax relief for high income individuals

A new age for accessing DC retirement savings moves a step closer

High Court forces resolution of the GMP inequality issue At a glance

TUESDAY 6 SEPTEMBER 2011 THE INTERCONTINENTAL HOTEL, LONDON, UK LCP Annual Pensions Conference 2011: A pensions strategy for a new generation.

Pension Protection Fund sets out its 2015/16 levy proposals

WEDNESDAY 6 NOVEMBER Delivering value to DC members.

Get the best performance from your pensions accounting. Pensions accounting guide November 2017

DGFs / Multi Asset Strategies Still a Solution? Oliver Kelly LCP Ireland. IAPF Annual Investment Conference 2017

The actuarial profession has also published a briefing note on the subject.

Pensions Bulletin 2014/44. Government moves to next stage in implementing better workplace pensions. Page 1 of October 2014

What retirement options do DB schemes provide to members and how are they communicated? LCP DB member communication survey August 2017

Taking stock: a pensions strategy for 2016 and beyond.

Trustees and sponsors, especially those currently carrying out or approaching a valuation

The Commission reiterated its belief in the need for an integrated package of reforms covering four key areas:

LGPC Bulletin 119S October 2014

LGPC Bulletin 145 May 2016

Pensions Bulletin. 24th July 2008 Issue No: 31. Pensions Regulator issues record-keeping consultation

pensionwatch 1 pensionwatch

Ministerial announcement on adjustment of benefits for unequal GMPs

LGPC Bulletin 90 February 2012

WEDNESDAY 19 SEPTEMBER 2012 THE INTERCONTINENTAL HOTEL, LONDON, UK. A down-to-earth approach to pensions strategy.

Financial incentives to save for retirement DWP research

Overseas transfer charge

Overseas Transfer Charge (OTC)

Are you aware of the latest market developments and regulations?

Report on actuarial valuation as at 31 December Church Workers Pension Fund

LGPC Bulletin 64 November 2009

The Chancellor s surprise pension announcements mean all employers must act now.

New rules for pension transfer advice - how generous are transfer values?

The 2018/19 Code of Practice on Local Authority Accounting in the United Kingdom

Summer Budget 2015 the changes to the Lifetime and Annual Allowance, some of them immediate

A GUIDE TO RETIREMENT ANNUITY TRUST SCHEMES ( RATS ) IN GUERNSEY

Employee Benefits News

BRUSSELS, BELGIUM 22 SEPTEMBER 2004

The Pensions (Automatic Enrolment) Regulations 2009 are scheduled to come into force from October 2012 and include the following:

LCP FTSE 250 EXECUTIVE PENSIONS SURVEY 2012 Companies turn to a new, flexible form of executive pension compensation.

PENSION SCHEMES BILL

Essential pensions news

BENEFITS & COMPENSATION INTERNATIONAL TOTAL REMUNERATION AND PENSION INVESTMENT

LCP DC FEES SURVEY 2012 By providing more transparency on fees, our survey can help management, members and trustees improve DC fund growth,

Essential pensions news

This circular should be brought to the attention of your fire authority, pension managers, and active members of the NFPS

Pensions at the crossroads what direction will you take?

Finance (No.2) Bill 2016/17

Admitted body status provisions in the Local Government Pension Scheme when services are transferred from a local authority or other scheme employer

Following a record breaking year, 2015 gets off to a steady start.

Key features. Self Invested Personal Pension

The Gibraltar Financial Services Commission. Consultation Paper Regulation of personal pension schemes

LCP GUIDE TO THE NEW EUROPEAN PENSIONS DIRECTIVE DECEMBER 2016

LGPC Bulletin 179 December 2018

Key Points. Main sources. Overview

THURSDAY 5 FEBRUARY 2015 THE MAY FAIR HOTEL, London, W1J 8LT, UK. A new horizon for DC.

2012 No. INCOME TAX. The Overseas Pension Schemes (Miscellaneous Amendments) Regulations 2012

pensionswatch A SUMMARY REPORT AND ACCOUNTS FOR THE MEMBERS OF ARMSTRONG PENSION SCHEME ("THE SCHEME")

Listing Rules a few tweaks around the edges

As a trustee, it is vital you are up to date and fully understand how legislative and regulatory issues impact your scheme.

EXPLANATORY MEMORANDUM TO THE LOCAL GOVERNMENT PENSION SCHEME (AMENDMENT) REGULATIONS No. 493

EXPLANATORY CIRCULAR

CONTENTS. Introduction: BREXIT: THE IMPLICATIONS FOR UK PENSIONS 1

LGPC Bulletin 116S June 2014

LCP Annual Pensions Conference Tuesday 28 September 2010 Delivering pensions in a new era of austerity

Local Government pensions a glance

Alternative Investment Fund Managers Directive Fund 3.2.2R Disclosures. GCP Infrastructure Investments Limited (the "Company")

Investment funds are lacking independent governance. LCP fund governance survey report May 2017

JOHN LAING INFRASTRUCTURE FUND LIMITED (Incorporated in Guernsey with registered number 52256)

Pension Protection Fund announces 2009/10 levy proposals

LGPC Bulletin 86 October 2011

PCAOB RELEASE (RULE 4003) of 4 December 2008

Get a head start with us this summer

Elite Retirement Account

Admitted Body Guidance

Prospective LGPS Employer

DAIRY CREST GROUP PENSION FUND

Key Features. IWeb Share Dealing Self Invested Personal Pension

Key Features. Halifax Share Dealing Self Invested Personal Pension. the people who give you extra

INFORMATION NOTE FOR TRUSTEES ON THEIR SERVICE PROVIDERS & ADVISERS

Q&A for LGPS Pension Funds Version issue date 10 July 2015

Pensions monthly update keeping you on track

IMG case reveals elephant traps when closing to future accrual?

GCP INFRASTRUCTURE INVESTMENTS LIMITED

Transcription:

5th July 2007 Issue No: 28 Pensions Bulletin Pensions Regulator Scheme funding guidance The Pensions Regulator (tpr) has published additional scheme funding guidance in the form of Q & A s based on actual queries tpr has received. Useful points of clarification include: Confirmation of best practice for the description of assumptions in the statement of funding principles; Confirmation that trustees can agree to different assumptions over the term of the schedule of contributions to those used for setting technical provisions, in respect of both the past service deficit and contributions for future accrual; Confirmation that the Regulator s view is that when the actuary certifies the technical provisions, the actuary is not certifying that the trustees have chosen the assumptions prudently. An outline of the considerations an actuary should take into account when certifying a schedule of contributions when the actuary has the power under the scheme rules to set the contribution rate; An example of where tpr would accept a deferral of the due date for a valuation if the trustees agreed the deferral with tpr in advance; A description of the requirements and timetable for agreeing contributions when a new defined benefit scheme is established; and Confirmation that the relevant accounts for scheme funding purposes means full audited accounts, an audited asset statement is not sufficient. Pension Protection Fund 7800 Index The Pension Protection Fund (PPF) has announced that it will publish the first PPF 7800 Index on Monday 9th July. The PPF 7800 index will provide monthly updates on the estimated funding positions of 7,800 defined benefit pension schemes against the cost of buying out their PPF liabilities with an insurance company. The PPF hopes the index will give the pensions industry a greater insight into the level of risk in the system. Highlights from the first PPF 7800 Index will be included in next week s bulletin. Accounting for pensions New interpretation on balance sheets limits published As anticipated in last week's pensions bulletin (See Pensions Bulletin 2007/27), the International Accounting Standards Board has formally published new rules governing how the international accounting standard for pensions, IAS19, is to be interpreted. This refers to the recognition of pension scheme surpluses in company accounts and the potential effect of "minimum funding requirements" on the pensions asset or liability in the accounts. The document, now titled "IFRIC Interpretation 14", is largely unchanged from the near final draft covered in last week's bulletin. www.lcp.uk.com

Local authority employment transfers DCLG pension protection direction The Secretary of State for the Department of Communities and Local Government (DCLG) has made a direction under section 101 of the Local Government Act 2003, "The Best Value Authorities Staff Transfers (Pensions) Direction 2007", which comes into effect on 1st October 2007. The direction will make it a statutory requirement for local authority employees, who are members of the Local Government Pension Scheme (LGPS) and whose employment transfers under an outsourcing contract, to be offered broadly comparable pension rights by their new employer. Up to now, while this has been best practice under DCLG guidance, it has not been a legal requirement. Comment Until now, the Government's "Fair Deal" guidance (which covers the pension rights of employees transferring under TUPE from public service employment either to the private sector or to non-profit organisations such as charities) has had no statutory backing. This has meant that there has been flexibility for public sector contracting authorities to agree not to apply the Fair Deal in circumstances where they believe it would be inappropriate. From 1st October 2007 this flexibility will no longer be available to local authority employers. Pensions Tax Simplification Newsletter 28 HM Revenue & Customs (HMRC) has published its 28th simplification newsletter. Many of the items have already been covered in recent Pensions Bulletins, but there are some other developments: Bridging Pensions transitional provision HMRC are aware that certain schemes that paid bridging pensions between the scheme retirement age and State pension age before 6th April 2006 in accordance with the pre A-Day rules are now in a position that if they reduce the bridging pension by the full amount permitted by scheme rules, the reduction would exceed that permitted by the new legislation and so create an unauthorised payments tax charge. HMRC intend to permit transitional relief via secondary legislation for cases where the member was entitled to the bridging pension on or before 2nd July 2007. However, bridging pensions coming into payment after 2nd July 2007 must only be reduced in accordance with the rules in Schedule 28, Finance Act 2004, to prevent unauthorised payment tax charges applying. The period for transitional protection has already run out, so schemes should immediately check that their rules and administrative processes do not fall foul of the Finance Act 2004 provisions if they wish to avoid unauthorised payment tax charges. Benefit re-design may be required. Non-cash benefits provided after retirement (including post-retirement medical cover) by employer financed retirement benefit schemes ( EFRBSs ) In the 2007 Budget HMRC had confirmed which non-cash benefits will not incur a tax charge when paid to retired former employees (see Pensions Bulletin 2007/12). HMRC have now confirmed how non-cash benefits provided by EFRBSs should be reported. Further, HMRC have stated that Benefits where the right to the continuing benefit arose on retirement before 6 April 1998 will not be subject to tax. This exclusion applies to benefits received where the right to the continuing benefit arose in connection with a retirement before 6 April 1998 and that right was chargeable to tax. Page 2

The responsible person for the EFRBS must send HMRC details of the relevant non-cash benefits (that are not exempt from tax) provided to recipients in the tax year ended 5th April 2007. This report must reach HMRC by 7th July 2007. The details to be reported to HMRC are: The name, address and national insurance number of the individual receiving the relevant benefit; and The nature and amount of the relevant benefit. Benefits that will not incur a tax charge, including continued provision by former employers of accommodation, recreational benefits and benefits first provided before 6th April 1998 do not have to be reported to HMRC. As there is no specific exemption it appears that post-retirement medical cover, if not in connection with a retirement before 6th April 1998, must be reported and taxed. Even if it were paid before 6th April 1998, it appears that only benefits arising on retirement that were chargeable to tax are now not liable to a tax charge no indication is given as to how HMRC intend this exemption to operate. Any employers who provide post-retirement medical cover who have not yet received legal and tax advice on this issue should do so as a matter of urgency. Annual Allowance test when a transfer is made to a Qualifying Recognised Overseas Pension Scheme (QROPS) HMRC have responded to industry concern regarding the inclusion of an amount transferred to a QROPS in the annual allowance test (see Pensions Bulletin 2007/20). The concern was that legislation required the value of a transfer made to a QROPS to be doublecounted in the closing value of the annual allowance test. HMRC have stated that their interpretation of the legislation is that, although both a transfer and a Benefit Crystallisation Event (8) are taking place, there is only one transaction and therefore the transfer only needs to be included in the closing value once. This is the common sense outcome that was hoped for. However, it is another example of the difficulties of operating under a codified pensions tax regime reliant on interpretation of legislation rather than the pre A-day discretionary tax regime. QROPS List HMRC has assured UK scheme administrators that they can rely on the published QROPS list as the basis of a defence against the imposition of a scheme sanction charge if a transfer is made to an overseas scheme which turns out not to be a genuine QROPS scheme. Provided the scheme administrator has carried out reasonable checks including checking the QROPS list no more than one day before the transfer is made - they should have just and reasonable grounds for asking HMRC to discharge their liability to a scheme sanction charge if it later transpires that the overseas scheme was not bona fide and is subsequently removed from the list. The UK Scheme Administrator should keep a note of the date on which they checked the list (and retain a copy of the overseas scheme s HMRC QROPS letter if this has also been obtained). Page 3

HMRC will delete a scheme s name from the list as a matter of urgency if it ceases to be a QROPS, and will now publish the QROPS list twice a month, where there are new QROPS that have been accepted since publication of the previous list. As a result of these changes, scheme administrators should only seek confirmation from HMRC regarding the status of a scheme on the QROPS list if there is reasonable doubt about the legitimacy of the scheme. Australian Pension Schemes and QROPS status As reported in Pensions Bulletin 2007/24, the way Australia taxes pensions has changed from 1st July 2007. Regulations have been put in place to ensure that Australian schemes can still qualify as QROPS. Registered Pension Scheme Return and new Scheme Administrators HMRC has clarified that when a registered pension scheme return is sent to a Scheme Administrator who is subsequently replaced by a new Scheme Administrator before the return is submitted, it is the new Scheme Administrator who is responsible for submitting the scheme return. New Pensions Reform Minister appointed Following the appointment of Peter Hain as Secretary of State for Work and Pensions last week (see Pensions Bulletin 2007/27) the wider ministerial team has been announced with Mike O Brien appointed as Minister of State for Pensions Reform. The Pensions Advisory Service - Annual report The Pensions Advisory Service (TPAS) has issued its annual report for the year 2006/07. As highlighted in its press release, the report shows an improvement in standards of administration in occupational pensions schemes (complaints down 12%) but highlights the lack of concern for the needs of the customer demonstrated by some insurance companies, particularly those closed to new business, in relation to personal pensions (complaints up by 43%). The report noted that poor complaint handling often became a bigger issue than the poor administration. Companies Act 2006 Commencement Order No. 3 The draft Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 have been laid before Parliament. Once finalised the regulations will bring into force many of the sections of the Companies Act 2006 with effect from a variety of dates (mostly late 2007), including sections 235 and 236 which relate to indemnity arrangements for directors of corporate trustees (see Pensions Bulletin 2006/50) with effect from 1st October 2007. Pan-European Pension Plans The members of the European Financial Services Round Table (EFR) have published a paper titled Pan- European Pension Plans, From Concept to Action (see also the Executive Summary). The paper explores the differences between national savings laws which affect the creation of a single market for private retirement savings and outlines how some of the obstacles could be overcome or accommodated within a set Page 4

of rules (or framework) to support the development of pan-european Pension Plans. The report hopes to encourage further research and debate amongst European institutions, Member States, industry and consumers. Pensions Regulator Reporting Breaches of the Law The Pensions Regulator ( tpr ) has completed its first review of its first Code of Practice, Reporting Breaches of the Law which was first published in April 2005 (see Pensions Bulletin 2005/16), and its accompanying guidance. After reviewing the code it was decided that no amendments were necessary, although tpr has made minor presentational updates to the guidance in response to new legislation, regulatory experiences and general feedback. The Pensions Institute Tax-Efficient Pension Choices in the UK The Pensions Institute has published a discussion paper titled Tax-Efficient Pension Choices in the UK. The paper compares the options available to retirees, particularly whether to annuitise, using stochastic modelling which allows for the UK s particular tax treatments. This Pensions Bulletin should not be relied upon for detailed advice or taken as an authoritative statement of the law. For further help, please contact David Everett at our London office or the partner who normally advises you. Lane Clark & Peacock LLP provides a full range of actuarial, consultancy, risk analysis and administration services to companies in the UK and internationally. LCP is part of the Alexander Forbes group of companies, employing over 4,000 people internationally. Alexander Forbes is a public company listed on the JSE in South Africa. 30 Old Burlington Street London W1S 3NN Tel: 020 7439 2266 Fax: 020 7439 0183 St Paul s House St Paul s Hill Winchester Hampshire SO22 5AB Tel: 01962 870 060 Fax: 01962 849 802 *PO Box 12 Suite 7, Pollet House St Peter Port Guernsey GY1 4AG Tel: 01481 728 071 Fax: 01481 736 124 *Oriel House York Lane, St Helier Jersey JE2 4YH Tel: 01534 887 600 Fax: 01534 837 888 LCP Belgium Marcel Thirylaan 200 Avenue Marcel Thiry 200 B - 1200 Brussel Bruxelles, Belgium Tel: +32 (0)2 774 9493 Fax: +32 (0)2 774 9257 LCP Libera AG Stockerstrasse 34 Postfach 8022 Zürich, Switzerland Tel: +41 (0)43 817 7300 Fax: +41 (0)43 817 7399 LCP Libera AG Aeschengraben 10 Postfach 4010 Basel Switzerland Tel: +44 (0)61 205 7400 Fax: +44(0)61 205 7499 Actuarial Consultancy of the Year UK Pensions Awards 2005, 2006 & 2007 FT Business Pension and Investment Provider 2007 Investment Consultancy of the Year UK Pensions Awards 2007 FT Business Pension and Investment Provider 2007 All rights to this document are reserved to Lane Clark & Peacock LLP. This document may not be copied or used in anyway without prior permission from Lane Clark & Peacock LLP. LCP is a limited liability partnership registered in England and Wales with registered number OC301436. LCP is a registered trademark in the UK (Regd. TM No 2315442) and in the EU (Regd. TM No 002935583). All partners are members of Lane Clark & Peacock LLP. A list of members names is available for inspection at 30 Old Burlington Street, W1S 3NN, the firm s principal place of business and registered office. The firm is regulated by the Institute of Actuaries in respect of a range of investment business activities. A member of the Multinational Group of Actuaries & Consultants www.mgac.org. Main offices in: AFRICA AUSTRALIA EUROPE NORTH AND CENTRAL AMERICA * No regulated business is carried out from these offices Page 5