Archive for the ‘Legislation’ Category
Local Govt Pensions–give a little and take a lot?
The recent change to the state pension scheme could be bad news for employees and most employers who participate in the Local Government Pension Scheme,
Here’s the rub. The explanation is going to get a wee bit complicated – but I guess that this being an article on pensions it goes with the territory.
What’s the problem?
Sometime before 2017 contracting out of the State Second Pension will stop. No one is exactly sure when but that is par for the course with some of these changes.
When this happens it means that employees who are members o
f pension schemes like the Local Government Pension Scheme will pay more National Insurance.In today’s money that extra will work out at 1.4% of their earnings between £5,564 and £40,040. In return for paying more the employee will get their service counted towards the new single-tier pension of £144 per week that was announced recently.
Do higher contributions mean higher benefits?
As you might imagine nothing is ever straightforward on planet pensions. In pension terms we are kind of looking at an apple and a pear.
However, fear not; our friends at the Department for Work & Pensions seem to think that employees will benefit. Their white paper claims that around 90% of all contracted-out employees will be better off in value terms.
We can probably safely assume that the 10% that don’t benefit are the higher earners.
The straw and the camel
Clearly, there’s a danger that this could be the last straw for some employees when these higher outgoings come at a time of increased household bills and zero pay rises.
Members have already been asked to pay more towards the Local Government Pension Scheme in recent years. Higher earners will pay more for their benefits from next year. Some members are already considering opting out to boost their take home pay in tough times.
So I’m not entirely convinced that the DWP are right when they say that employees will benefit from these changes. What about those that can no longer afford to be a member and opt out or those who will opt to join the less generous 50/50 Scheme (as and when it appears).
What about Employers?
It’s worse news for Employers I’m afraid. Employers will end up paying 3.4% more in National Insurance.
In the Local Government Pension Scheme the Employers are unlikely to be able to pass this extra cost on to members. So it must be passed down to council tax payers (if the Employer is a Local Authority) or met from further efficiencies .
But what about those Employers that are Admitted Bodies to the Local Government Pension Scheme? Where can they find the extra cost?
Many Admitted Bodies are signed up to long term contracts that were negotiated without an allowance for this extra charge. Traditionally, membership of the Local Government Pension Scheme is high amongst employees of these Admitted Bodies. So this is going to hit them hard.
Could we see some outsourced contracts being in jeopardy? If not, then some form of cost cutting and possible redundancies would seem likely.
Is there some stability on the horizon?
Probably not. Having been in the industry for over 25 years I can’t recall a period where there has been anything other than constant change. One thing is clear though all Employers – and especially those Admitted Bodies in the Local Government Pension Scheme – need to keep an eye on the horizon to make sure they know what’s on the horizon. As I’ve said more than once on this blog over the last two and a half years – watch this space.
Steve Clark
New RPI and it’s impact on pension schemes
This article is only really of interest to any employers or Trustees that are involved in a final salary type pension scheme.
Those all round good people at Wragge & Co have published a short paper that outlines some of the issues that you should be considering if your Scheme provides indexation.
You can read the paper by clicking here.
As always if you need any help, or have any questions, after you have read this contact your usual 44 Financial consultant.
Steve Clark
Win² in action!
After a long consultation the coalition government have passed the Consumer Insurance (Disclosure and Representations) Act 2012 or CIDAR for short. It’s due to come into force from 8th March 2013.
Until now it was up to you as the consumer to tell the insurance company what they needed to know. When facts became clear after the policy was issued that would have influenced the insurance company this was known as “non-disclosure”. In other words you hadn’t disclosed material facts. In that case the legal liability was with the consumer.
Under the new law you’ll still be responsible for taking reasonable care in providing the information you’re asked for. However, it’s up to us as your adviser to ensure we request all the appropriate information.
Enhanced annuity providers estimate that 50% of applicants lose out on vital income because the medical information they gave wasn’t complete.
So what?
We specialise in retirement planning and one area where this will impact on our business is in relation to enhanced annuities. These are the type of pension that takes into account any health or lifestyle issues. In other words you get more income if you are less healthy than the average man or woman your age.
Here at 44 Financial we do a lot of things and are very good, for example, at making tea. However we’re not medical experts. So what we’ve done is to build into our retirement advice service an external interview process for clients who may qualify for an enhanced annuity.
The interview is conducted by a qualified nurse at a time to suit you – even weekends or evenings. We can then make sure that your asked all the right questions (to comply with CIDAR) and also to help make sure you get the maximum amount of income from your pension pot.
Why have you done this?
It’s all part of the Win² philosophy that we use when taking key decisions about our business. Basically if we take decisions that suit us we always try to make sure that our clients benefits too. In other words – it’s got to be a win-win situation for both of us.
In this case we make sure we’re complying with the CIDAR law, Financial Services Authority regulations and, at the same time, our clients get the as much income as they can when they retire.
That’s Win² in action! Simple isn’t it? For us, yes; but for many of our larger competitors it seems a struggle to make sure that the clients’ interests stay at the heart of what they do.
We’d like to know more about what you’re planning for retirement. If you’d like to know how we can help you pleasecontact us.
Steve Clark
Huge numbers of workers may be missed out of auto-enrolment
The Pensions Regulator published guidance earlier in the year warning employers preparing for Auto-Enrolment (AE) that they could not rely solely on a person’s tax status or any other single factor to determine if they were a worker or self-employed.
There is now evidence from a number of actuarial consultants and legal firms that companies could be missing large numbers of eligible workers out of their auto-enrolment plans because they wrongly believe they are classed as self-employed or consultants.
Reports suggest that the audit of one client’s workforce had identified 1,000 extra eligible workers that the company did not realise would have to be auto-enrolled. Another audit at a firm uncovered an additional 500 people needing to be enrolled – increasing the total number by about 10%. This prompted comment that, “the best advice is that if it looks like a worker and smells like a worker, it is a worker.”
The designation of someone as self-employed doesn’t necessarily mean they are and other factors need to be considered including the number of hours and the location of work, the pay structure agreed and factors such as whether the person is provided with tools, a uniform or business cards.
The list of status indicators given by the Pensions Regulator is clearly not exhaustive and businesses are warned that in cases of doubt the watchdog would probably take the most cautious interpretation and class any group in question as workers.
Sources: www.professionalpensions.com
Tartan Taxation–Celtic chaos for pensions?
Being a Scotsman (albeit having lived in England for most of my life) the question of will we, won’t we have independence has cropped up since, in my case, 1976.
Well it now seems that the Scotland Bill – which is currently making its way through Parliament – may well cause further turmoil in an already downtrodden pensions world.
We thank Louisa Knox of law firm Shepherd and Wedderburn, for her recent article that draws attention to the problems the current Scotland Bill would pose for the pensions industry. It is an excellent and thought provoking piece. You can click through to the article here.
The last thing the pensions world needs is more uncertainty and red tape. It would seem as if the Holyrood and Westminster politicians need to get their heads together to think this one through. What is the chance of that happening?
Steve Clark