Pensions a glance

Similar documents
Local Government pensions a glance

Some of the articles include links to further information via a hyperlink. Just click on the link to go direct to the relevant website page.

Doing Business in the UAE September Alan Wood and Nigel Wilson Pinsent Masons LLP Dubai Branch

Intellectual property protection Hong Kong and Scotland

Spring 2015 reforms: other changes

Brexit and Pension Schemes. A guide for employers and trustees

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

PPP in Egypt, Algeria & Jordan

In Sight. a quarterly pensions publication. Regulator consults on trusteeship. This quarter s round-up

PENSION SCHEMES ACT 1995 SOCIAL SECURITY ACT 2000 PENSIONS ACT 2011 (APPLICATION) ORDER 2012

In Sight. a quarterly pensions publication. UK votes to leave the EU. This quarter s round-up

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

Spring 2015 reforms: DC governance and charging

Update. Share Plans. Contents

In Sight. a quarterly pensions publication. Focus on trusteeship and governance. This quarter s round-up

Ministerial announcement on adjustment of benefits for unequal GMPs

Client Alert: Be Ready for RMB Funds

Pensions Alert. Price Inflation Increases to Pensions in Payment/ Revaluation of Deferred Pension CPI or RPI? Topics in this Alert:

Update. Tax UK-REITS. January 2006

Financial incentives to save for retirement DWP research

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

Trustee Quarterly Review

Detailed guidance for employers

Essential pensions news

In Sight Quarterly Pension Publication February 2010/Issue 9

PENSIONS ROUND-UP JANUARY 2018 IN THIS ISSUE. 07 Case Law. 02 Introduction. 03 The Pensions Regulator. 09 Other News. 04 Pension Protection Fund

AGE OF ENLIGHTENMENT? EMPLOYMENT AND PENSIONS UPDATE

1. Changes to the cash equivalent transfer value legislation

Inside Pensions Regulatory Update. integrity clarity simplicity. Prepared by Inside Pensions Date: October to December 2013

Pensions Bill 2013 Briefing for Commons Second Reading,17th June 2013

Trustee Quarterly Review

Employment rights. Impact of Brexit September 2016

1. Budget Key issues

Essential pensions news

Third Edition MANUFACTURING SECTOR LEGAL CHECKLIST AUTUMN 2011

Current Developments December 2018 A summary of the current hot topics in pensions

Pensions Legal Update

Government consults on new requirements for Directors' Remuneration Report

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

Lloyds: High Court rules on GMP Equalisation

CONSULTATION ON DRAFT REGULATIONS: WORKPLACE PENSION REFORM - COMPLETING THE PICTURE COMMENTS OF SACKER & PARTNERS LLP

Detailed guidance for employers

Pension age: occupational and personal pensions

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

A periodic update designed to provide a summary of developments in property tax, including recent cases, and a round-up of forthcoming changes.

Pensions News June 2014

Legislative Update. August Legislation ( Finance Act Pensions Act 2014

IN THIS ISSUE DEFAULT RETIREMENT AGE

PENSIONS ROUND-UP january 2016 IN THIS ISSUE. 08 Case Law. 02 Introduction. 09 Other News. 03 DC Flexibilities. 04 The Pensions Regulator

A Guide to Future Employment Law. Date Topic Practical Impact

Discrimination: Sex. Key Points. Main Sources. Case Law

Visit our website at

In Sight. a quarterly pensions publication. Protecting DB pension schemes. This quarter s round-up

PENSIONS POLICY INSTITUTE

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

Welcome to the May 2017 edition of the UK: Pensions Update.

Guidance for undertaking the valuation in accordance with Section 143 of the Pensions Act Version H6

GUIDANCE AND LEGAL ADVICE ON THE RIGHTS OF MEMBERS WORKING PAST THEIR STATUTORY RETIREMENT AGE

THE UNITED KINGDOM 1. MAIN CHARACTERISTICS OF THE PENSION SYSTEM

AvestaPolarit Pension Scheme Defined Benefit/Final Salary Section

QUARTER LEGISLATIVE UPDATE

[ more ] insight. think workplace pension

Feedback Statement and Impact Assessment The Revision of Practice Note 15: The Audit of Occupational Pension Schemes in the United Kingdom

Pensions monthly update keeping you on track

CURRENT I S S U E S I N PENSIONS

PENSION SCHEMES BILL EXPLANATORY NOTES

current i s s u e s i n pensions

The new UK Bribery Act: why you need to be prepared

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

BANK OF CHINA PENSION & LIFE ASSURANCE SCHEME. Explanatory Booklet

In Sight. This quarter s round-up. Regular features. 02 Countdown to auto-enrolment. 04 Budget Asset-backed pension contributions

Pensions Developments in 2017

FAS and the Pension Protection Fund

The pension scheme master trust market in 2018/19

The Co-operative Pension Scheme (Pace)

KEY DATES IN HISTORY OF FIREFIGHTERS PENSION SCHEME

PENSIONS ACT 2004 RESTRICTIONS ON LUMP SUM DEATH BENEFITS

Pension Schemes Bill

In Sight. a quarterly pensions publication. Trustee investment and disclosure duties. This quarter s round-up

Trustee Quarterly Review

ALLEN & OVERY PENSION SCHEME. Defined Benefit Section - Explanatory Booklet

Hot topics in international employment law - Belgium

Pensions Bill EXPLANATORY NOTES

Essential pensions news

Insurance Act Shaking up a century of insurance law. Extract from Clyde & Co s in depth report on the Insurance Act

Pensions after the election. Summer Finance Bill this will implement budget decisions and include a range of tax measures (see page 3).

Focus on The three pillar Pension terminology

SCHEDULE 1 EARLIER SCHEME DOCUMENTS

Restricting pensions tax relief Government policy decisions on the reduced annual and lifetime allowances. slaughter and may.

PENSIONS ROUND-UP JULY/AUGUST 2017 IN THIS ISSUE 10 HMRC. 02 Introduction. 11 Other News. 03 The Pensions Regulator. 05 Automatic Enrolment

PENSIONS BILL [HL] EXPLANATORY NOTES ON COMMONS AMENDMENTS

Essential pensions news

Session 9: Hot Button Items in Hong Kong Equity Capital Markets: Pre-IPO Investments and Weighted Voting Rights

LGPC Bulletin 119S October 2014

Additional information for carrying out a Section 143 valuation. Version 4

MEMBER-NOMINATED TRUSTEES

Building for your retirement Your Guide to the Defined Contribution Section of the Allen & Overy Pension Scheme

Actuarial valuation as at 31 December 2015

Pension Protection Fund announces 2009/10 levy proposals

NDRC publishes draft revisions to Administrative Rules for Outbound Investments by Enterprises for public consultation

Transcription:

16 April 2009 Pensions reforms @ a glance is a free monthly publication from the Pinsent Masons Pensions Group. It is a quick reference guide giving you the latest position on the main pension reforms currently proposed. The most recent developments appear in bold and italic text. If you would like more details please contact your usual Pinsent Masons adviser or email us on pensionslaw@pinsentmasons.com. Do forward this publication to your colleagues or let us know their email address to receive a copy direct. Key to symbols Home and dry Limping home Legislation or reform promised and in force - but may still be subject to further change! Legislation or reform still in the pipeline Sunk without trace Legislation or reform that never really got going or that has been abandoned On hold Legislation or reform on hold Occupational pension issues 1 Age discrimination Prohibits direct and indirect discrimination on grounds of age. Employment and Race Directives 2002. The new legislation came into force in October 2006, but the part relating to pension schemes was postponed until 1 December 2006. In July 2008 the European Court of Justice heard Heyday s challenge to the default retirement age of 65. The ECJ ruled that a compulsory retirement age of 65 is not in breach of EU legislation in March 2009. The UK High Court must now decide if the age limit is justified. A consultation paper on flexible retirement was published in October 2007. In December 2008, the Government published draft regulations which proposed two alternative new exemptions relating to flexible retirement. It has also announced that it intends to bring together interested parties to produce guidance on flexible retirement. In force - 1 December 2006

2 Anti-avoidance Increase Regulator s antiavoidance powers The Pensions Act 2004 gave the Regulator the power to issue Contribution Notices and Financial Support Directions. In November 2008, the Pensions Regulator published a draft set of circumstances under which it expects to impose a contribution notice under the new material detriment test. The Pensions Act 2008 has implemented the changes. A draft Code was published in December 2008. Regulations came into force on 6 April 2009 which gradually increase the lookback period for financial support directions to 24 months. 3 Financial Assistance Scheme Gives further protection for members of schemes which are underfunded or insolvent. Announced in 2002 Green Paper. Implemented by Pensions Act 2004. The Government announced in December 2007 that FAS will be increased to broadly equivalent levels to the PPF. Regulations came into force on 27 March 2009 which extend the ill-health provisions to people with significantly reduced life expectancy who do not qualify under the terminal illness provisions. Draft regulations on the outstanding changes announced in December 2007 were published in February 2009. Further consultation covering the transfer of pension scheme assets to FAS is expected later this year. Guidance was published in March 2009 for trustees of FAS qualifying schemes. 4 Investment - Myners Review Myners investigation into UK institutional investment concluded that trustees were not adopting a sufficiently risky strategy. Treasury issued Myners' code in final form in October 2001. In April 2008 the Government launched a consultation on updated principles, taking account of the NAPF s recommendations and proposing a new Investment Governance Group chaired by the Pensions Regulator. In October 2008, the Government published its response to the consultation. That paper confirmed the Government s intention to establish the Investment Government Group.

5 Pension Increases and Revaluation Deregulatory Review published in July 2007. The Pensions Act 2008 reduced the revaluation cap to 2.5%. Regulations which came into force on 6 April 2009 will allow trustees to amend their scheme rules by resolution to reduce the scheme's revaluation cap and annual rate of increase to pensions in payment. Employer issues 6 Communications Simplifying the requirements for disclosure and trustee reporting and record keeping The Government announced, in its response to the Deregulatory Review, that it will introduce principles-based disclosure legislation. Consultation is still expected, with the aim of introducing new legislation by 2010. A working group in the DWP has concluded that this approach is not appropriate. The DWP is examining how to reduce disclosure costs. 7 Contracting Out (1) GMPs (1) Promised simplification (2) Clarity on GMP equalisation requirements. (3) Bulk transfers and former contracted-out scheme Pickering identified methods of simplifying GMPs and encouraged Government to assist on equalisation. The Pensions Regulator published winding up guidance in June 2008. The Regulator (like its predecessor, Opra) has refused to take a stance on whether GMPs must be equalised, but has recommended that trustees take a pragmatic and proportionate approach. According to a revised Memorandum issued by the Board for Actuarial Standards by 1 September 2009 statutory money purchase illustrations will reflect future abolition of money purchase contracting out. Regulations came into force on 6 April 2009 allowing schemes to convert GMPs into ordinary scheme pension, subject to certain safeguards. (2) Abolition of contracting-out for DC schemes The Pensions Act 2007 also proposes abolition of contracting out for defined contribution schemes, and paves the way for the rules about accrued protected rights to be varied or abolished. Abolition of contracting out for defined contribution schemes is planned for 2012. (3) Bulk transfers Regulations came into force on 6 April 2009 which will allow bulk transfers without consent to be made to former contracted-out schemes.

8 Pan-European pensions Contains proposals for cross-border principles on scheme supervision - particularly funding. A Pan- European approach to tax and social security are more complex and will take much longer. Directive published in June 2003. The Government published a consultation paper in October 2007 seeking views on whether the current regime allows schemes to operate cross-border. This ties in with the European Commission review of the Directive in early 2008. Results of the consultation, published in April 2008, reveal that the Government does not intend to make changes to the UK legislation, although it will seek European Commission advice on some issues. The European Commission has found that the UK legislation governing the tax treatment of contributions to overseas pension schemes is in breach of the European legislation governing the free movement of workers in the EU. 9 Personal Accounts From 2012, individuals will be automatically enrolled into this scheme or their employer s own occupational scheme, with the freedom to opt out. The Personal Accounts scheme will be trust-based, with an annual contribution limit of 3,600 (based on 2005 earnings, uprated). The final Turner Report published 4 April 2006. The May 2006 White Paper confirmed Government proposals to establish personal savings accounts. The Pensions Act 2008 governs automatic enrolment for employees over 22 or admittance to employer s own scheme (subject to minimum benefit or contribution safeguards) from 2012. Employers will be able to self-certify that their own pension scheme meets the required standard. Some draft regulations setting out some of the details have been published for consultation. 10 Portability Establish right throughout the EU for workers to join a pension arrangement and obtain vested rights within a reasonable time and transfer the entitlement on leaving. European Directive concerning Portability of Supplementary Pension. The European Parliament has issued a report committing to setting minimum standards for access to pension rights and fair treatment of dormant rights, but rejecting the proposal to assist the transfer of pensions. In October 2007 the Commission put forward an amended proposal which took on board many of Parliament s changes.

State pension issues 11 Return of surplus Reform rules relating to return of surplus to employer. July 2007 deregulatory review recommended rules be amended to allow return of surplus once scheme specific funding target met with trustee agreement. In September 2008 the DWP circulated an informal discussion paper considering options on relaxing rules relating to return of surplus to employers. The aim is to gauge preferences for the options proposed. 12 Section 75 statutory debt In November 2008, the Government announced an informal consultation on the option not to trigger a debt where the employer remains committed to the pension scheme. The Government issued a further discussion paper on this in December 2008. It will issue draft regulations for consultation early in 2009. Changes are expected to come into force in October 2009. 13 State Pension Reforms S2P replaced SERPS from 6 April 2002. Second stage of process will be to replace current calculation with flat rate pension. S2P introduced under CSPSSA. The Pensions Act 2007 provides for S2P gradually becoming a flat-rate weekly topup to the basic state pension (by approximately 2030). Also, the state pension age will gradually rise to 68 from 2046, and the basic state pension will start to increase in line with average earnings rather than prices by the end of the next Parliament. The number of years NICs needed to qualify for the full basic state pension will be reduced to 30 years and initial contribution conditions will be abolished.

International pension issues 14 Temporary Agency Workers Will give agency staff many of the same terms and conditions of employment as permanent workers. The final wording of the Temporary Agency Workers Directive was agreed in November 2008. The UK Government must implement it by 5 December 2009. Pension rights can be excluded. Pinsent Masons LLP 2009 London Birmingham Leeds Manchester Christopher Berkeley Simon Laight Jacqui Timmins Stephen Scholefield christopher.berkeley@pinsentmasons.com simon.laight@pinsentmasons.com jacqui.timmins@pinsentmasons.com stephen.scholefield@pinsentmasons.com This note does not constitute legal advice. Specific legal advice should be taken before acting on any of the topics covered. LONDON BIRMINGHAM BRISTOL LEEDS MANCHESTER EDINBURGH GLASGOW DUBAI BEIJING SHANGHAI HONG KONG T 0845 300 32 32 Pinsent Masons LLP is a limited liability partnership registered in England & Wales (registered number: OC333653) and regulated by the Solicitors Regulation Authority. The word partner, used in relation to the LLP, refers to a member of the LLP or an employee or consultant of the LLP or any affiliated firm who has equivalent standing and qualifications. A list of the members of the LLP, and of those nonmembers who are designated as partners, is displayed at the LLP s registered office: CityPoint, One Ropemaker Street, London EC2Y 9AH, United Kingdom. We use Pinsent Masons to refer to Pinsent Masons LLP and affiliated entities that practise under the name Pinsent Masons or a name that incorporates those words. Reference to Pinsent Masons is to Pinsent Masons LLP and/or one or more of those affiliated entities as the context requires. For important regulatory information please visit: www.pinsentmasons.com www.pinsentmasons.com