Georgina Jones from our UK member Sackers has written this in-depth article on the Pensions Act 2014 in the August edition of PMI Technical News.
Though somewhat overshadowed by this year’s attention-grabbing Budget, the Pensions Act 2014 is a key piece of legislation. Not only does it introduce a new type of state pension and, as a consequence, sweep away contracting-out on a defined benefit basis, but it also contains several important measures for occupational pension schemes.
The National Pension Scheme is a Defined Contribution Scheme that was set up in 2004 for all Government Employees and was open to the general public in May 2009. It is a social security benefit to create a retirement corpus to meet post retirement income needs, initiated by the Government of India in association with the Pension Regulatory Development Authority.
We are the provider of national pension scheme details and return related to government and retirement pension scheme. We also provide services for monthly and new pension scheme in India.
For more details please visit: http://fintrackindia.com/nps.html
The National Pension Scheme is a Defined Contribution Scheme that was set up in 2004 for all Government Employees and was open to the general public in May 2009. It is a social security benefit to create a retirement corpus to meet post retirement income needs, initiated by the Government of India in association with the Pension Regulatory Development Authority.
We are the provider of national pension scheme details and return related to government and retirement pension scheme. We also provide services for monthly and new pension scheme in India.
For more details please visit: http://fintrackindia.com/nps.html
This pdf covers all the basic concepts of Corporate Tax Planning, which is helpful to the students who are studying in M.com, MBA or any other Commerce Courses.
Tax Saving Guide for FY 2015-16 (AY 2016-17)Apnaplan.com
eBook on Tax Planning for FY 2015-16. Covers all tax exemptions available to tax payers in India. Updated according to Budget 2015 with latest Tax Calculator.
This pdf covers all the basic concepts of Corporate Tax Planning, which is helpful to the students who are studying in M.com, MBA or any other Commerce Courses.
Tax Saving Guide for FY 2015-16 (AY 2016-17)Apnaplan.com
eBook on Tax Planning for FY 2015-16. Covers all tax exemptions available to tax payers in India. Updated according to Budget 2015 with latest Tax Calculator.
Saad Amanullah Khan's 2011 ABC Economic Summit Presentation "How to make the ...Saad Khan
I made this presentation for the inaugural session of American Business Council (ABC) Economic Summit in 2011. That year I was the Vice President of ABC and the topic I chose was "How to make the Private Sector More Vibrant". Challenge for Pakistan is the our GDP growth is very poor and the only savior is if our private sectors, specially small and medium businesses pick up.
Rs.14000 per month pay for workers, 8% sales tax on sugar and 31% corporate tax are laudable interventions in budget. Prices of laptops and computers will decrease in Pakistan.
Health Reform Bulletin 116 | Year-End Wrap Up Dec. 29, 2015CBIZ, Inc.
The government is winding up 2015 and ringing in 2016 with a bang. The final HRB of 2015 will keep you abreast of the various changes that occurred at the end of the year.
Health Reform Bulletin 116 Year End Wrap Up 12-29-15Daniel Michels
The most recent CBIZ Health Reform Bulletin: Year-End Wrap Up (HRB 116). This issue includes specific information and guidance on:
1. Late breaking development, IRS delays new Affordable Care Act's (ACA) reporting and disclosure obligations!
2. On December 18, 2015 Consolidate Appropriations Act, 2016, and the Protecting Americans from Tax Hikes (PATH) Act of 2015 (H. R. 2029; now Public Law No. 114-113) were signed by the President, and amend several provisions of the Affordable Care Act.
3. The IRS Issued guidance relating to ACA implementation
4. Year-End Reminders
The Health Care and Education Affordability Reconciliation Act of 2010 was recently passed by the House and will be signed into law 03/30/2010. NAHU (National Association for Health Underwriters) published a comprehensive timeline of the changes coming over the next few years. Please contact me with any questions.
How does George Osborne's latest Budget affect you?
Gemini have produced this handy summary to outline the main changes discussed in the House of Commons on 20th March 2013.
As of July 2, 2013, the Obama administration is delaying large employer compliance with the Employer Mandate standards and its reporting rules until 2015. http://www.prescottpailet.com/
Don’t Miss Out on the Newly Supercharged Employee Retention Tax CreditCBIZ, Inc.
The Employee Retention Tax Credit (ERTC) was established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, but limitations on its availability tempered interest in the relief measure. That is about to change, thanks to significant changes made on Dec. 27, 2020, by the Consolidated Appropriations Act, 2021. Employers should immediately begin analyses to identify and calculate the value of retroactive or prospective ERTC benefits. Learn more.
The following blog focuses on a number of areas in relation to the 2014-15 budget that will be of interest to human resources and payroll professionals.
Health Reform Bulletin – IRS PronouncementsCBIZ, Inc.
Information on 1) Cafeteria Plan Status Change Events, 2) Employment Status Change Proposals to Employer Shared Responsibility Rules, 3) Increase in PCOR Fees, and Final Excepted Benefit Regulations. Recently, the Internal Revenue Service (IRS) released three pronouncements relating to the Affordable Care Act (ACA). In addition, final regulations have been issued relating to certain excepted health benefits.
Health Reform - Additional IRS Approaches to the Cadillac Tax; Transitional R...CBIZ, Inc.
Guidance on:
1. Additional IRS Approaches to Cadillac Tax. On July 30, 2015, the IRS released a second pronouncement (IRS Notice 2015-52), which like the first, does not carry the weight of the law or regulation, but rather is an effort to test the waters to see how the law should be formulated. The new guidance expands the discussion with regard to identifying taxpayers liable for the excise tax, employer aggregation, allocation of the tax, payment of the applicable tax and determining the cost of applicable coverage.
2. Transitional Reinsurance Fee Process for 2015 Benefit Year. In preparation for reporting and paying the transitional reinsurance fees for the 2015 benefit year, the Centers for Medicare and Medicaid services released an overview of the process and procedures
3. State Innovation Waivers. The Affordable Care Act includes a provision that takes effect in 2017 which would allow a state to apply for an innovation waiver; pursuant to which the state could be relieved from certain aspects of the ACA.
4. Applicability of ACA’s Employer Shared Responsibility Provisions. On July 31, 2015, President Obama signed the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (H.R. 3236); now Public Law 114-41). This law provides that for purposes of determining whether an employer is an applicable large employer with regard to employee enrollment in minimum essential health coverage under an eligible employer sponsored plan, individuals covered for medical care under TRICARE or the Veterans Administration are not counted. In addition, a recent lawsuit challenged the applicability of the ACA’s employer shared responsibility mandate to a Native American tribe.
Similar to Pensions Act 2014: all you need to know (20)
Management herald - International Labour Relationships - 21.05.15Ius Laboris
Eduardo Viñales, Partner from Funes de Rioja & Asociados, Ius Laboris Argentina has written a thought-provoking article into the sensitive changes that need to be made to public health and safety within the workplace. There are increased reports of companies failing to comply with environmental and labour standards. The article states that corporate social responsibility is the first step towards improving health and safety, although very little can be achieved without the support of labour relations and trade unions. For more information, read the article and contact Mr Eduardo Viñales at Funes de Rioja & Asociados.
International HR Adviser - European Working Hours - 07.10.14Ius Laboris
Inês Reis, employment partner from our Portuguese member firm pbbr, has considered the working hours of employees within various European countries. Working hours vary throughout Europe from 35 hours in France, 40 hours in Portugal and Spain and even up to 48 hours in the UK but the trend seems to be towards increasing hours. Developments in technology have enabled employees to constantly be connected to work even on weekends and during vacations. The work-life issues and different approaches related to this are considered in this article.
When voting rights and politics enter the workplace - 23.10.14Ius Laboris
An article on voting rights and political party membership and what employers need to know about them in the US and UK. There are not many statutory protections with regards to this but in some areas there are very stringent requirements about voting leave laws and protections associated with a person’s political affiliation.
Combatting non registered workers in ArgentinaIus Laboris
Shockingly in Argentina, one third of those working are not registered with local authorities. This results in employees being excluded from the protection of labour laws including a minimum wage and decent working conditions. Further, a large black market in labour diminishes Argentinian tax revenues. Ius Laboris’ law firm in Argentina, Funes de Rioja, argues that employee registration procedures must be simplified and as a priority. Mr. Barbieri stresses that the current situation is not fair on employers who comply with the law, pay the correct level of tax and respect the dignity of their employees. Respect for the dignity of employees is a value enshrined in the Argentinian constitution.
More commonly known as the “Whistleblowers’ Act”, the Protected Disclosures Act 2014 came into force in Ireland on 15 July 2014. Its aim is to protect workers who report wrongdoing in their workplace. The Act provides for a single piece of legislation for the protection of whistleblowers as opposed to the disjointed approach adopted in Ireland to date. What will be the impact on employers?
The German government recently approved the country’s first minimum wage. With the application of the minimum wage, the government intends to guarantee a decent quality of life for German employees and to promote the financial stability of the country's social security system. What will be the impact on employers?
Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com
Scottish Independence: potential implications for employment and pensionsIus Laboris
On 18 September 2014, the people of Scotland will vote on whether their nation should be a country that is independent from the rest of the United Kingdom. If they vote “yes”, the Scottish government is planning to negotiate to enable Scotland to break away from the rest of the United Kingdom in March 2016. What would an independent Scotland look like in terms of business, economic, legal and constitutional changes?
Death of worker does not extinguish right to paid annual leaveIus Laboris
The European Court of Justice (ECJ) has ruled that European Union law precludes national legislation or practice which provide that, where the employment relationship is terminated by the death of the worker, the entitlement to paid annual leave is lost without conferring entitlement to an allowance in lieu of the outstanding leave. The ECJ also ruled that allowance does not depend on a prior application by the interested party.
U.S. Supreme Court invalidates President's appointments to Labor BoardIus Laboris
In a long-awaited decision, the U.S. Supreme Court has held that President Obama’s appointments of members to the National Labor Relations Board (NLRB) were unconstitutional. Rick Warren from our U.S. member firm FordHarrison explains.
Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com
New flexible working regime in the United Kingdom Ius Laboris
The legal right to request a flexible working arrangement in the UK is being extended to all employees with 26 weeks’ service, with effect from 30 June 2014. Until then, it has been restricted to those with caring responsibilities for young children or dependant adults. This article by Laura Farnsworth from our UK member firm Lewis Silkin, discusses the changes and the implications for employers.
What are the 6 key questions to consider regarding expatriate law in Latin America? Our Latin American member firms have provided this handy overview for you.
Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com
Rulings of the French Supreme Court extending the principle of equality in unexpected directions are creating acute problems for employers. Jean-Benoît Cottin from Capstan discusses the implications of the recent employment case law developments in France, which seem to have highlighted the central importance of the constitutional principle of equality in the national motto “Liberté, égalité, fraternité”. Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com
So called “bossnapping” is becoming an integral (yet extreme) part of the labour relations landscape in France. . With thanks to our French member firm Capstan. Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com
Ius Laboris is the world’s largest alliance of law firms offering employers cross-border employment, benefits and pensions law advice. It has 1,300 specialist HR lawyers in over 150 cities and 44 countries with coverage in over 100 countries.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Pensions Act 2014: all you need to know
1. [PMI T E C H N I C A L n e w s [
AUG 2014
Pensions Act 2014:
all you need to know
The Pensions Act 2014 (the Act) has been somewhat overshadowed by this year’s attention-grabbing,
Budget. However, it is a key piece of legislation. Not only does it introduce a new
type of state pension and, as a consequence, sweep away contracting-out on a defined benefit
(DB) basis, but it also contains several important measures for occupational pension schemes.
State pension reform
The current state pension system comprises the basic state
pension, the additional state pension (ASP) (now known as
the State Second Pension or ’S2P’, but formerly the State
Earnings Related Pension or ’SERPS’) which is linked to
earnings, and the pension credit (a means-tested benefit).
For people who reach state pension age (SPA) prior to 6 April
2016, nothing will change. The Act will only create a new
state pension for those reaching SPA on or after that date.
On and from 6 April 2016, a person with 35 or more
qualifying years of national insurance contributions (NICs) will
be entitled to the full state pension. This was estimated to be
£144 per week in 2012-13 prices, but the actual amount will
be specified in regulations nearer to the date of
implementation.
Transitional arrangements will be introduced for those with
qualifying years attributable to the period up to 6 April 2016.
These aim to ensure that anyone who, at the date of change,
would have been entitled to a higher payment than the new
flat rate pension will not lose out.
Abolition of DB contracting-out
Since the 1960s sponsoring employers of DB occupational
pension schemes have been allowed to contract their
employees out of the ASP, on the condition that they would
provide an occupational pension meeting certain statutory
requirements (which have changed over the years). The aim
of these requirements is to ensure that the employees will
become eligible to receive a pension in their contracted-out
scheme which is broadly equivalent to the ASP to which they
would otherwise have become entitled.
In return for the employer providing a pension which meets
the statutory minimum, both the employer and the employee
pay reduced NICs. The current reduction, known as the
contracted-out rebate, is 3.4% for employers and 1.4% for
employees.
When the single-tier state pension is introduced, ASP will
cease to exist. As a result, DB contracting-out will be
abolished from the same date.
When contracting-out on a defined contribution (DC) basis
was abolished in April 2012, generally protected rights simply
PMI Technical News Aug 2014 mk3_Layout 1 24/07/2014 11:19 Page 3
2. PMI Technical News Aug 2014 mk3_Layout 1 24/07/2014 11:19 Page 4
converted into normal DC benefits. In contrast, on the abolition
of DB contracting-out, past service contracted-out rights
(guaranteed minimum pensions and section 9(2B) rights) will be
retained within schemes, and will remain subject to similar
statutory requirements.
Statutory modification power
When contracting-out is abolished, employers will start to pay
NICs at the full rate (currently 13.8%) on employees’ earnings.
This additional cost will be a huge blow for those employers
sponsoring open DB schemes. Recognising this, the Government
has decided to provide employers with a unilateral power to
amend their schemes, in relation to some or all of the members
(including future members), to take account of the increase in the
employer’s NICs.
The power may be used to increase the contributions of relevant
members and/or alter their future benefit accrual, but it is subject
to several conditions. Broadly, it must not create a saving for the
employer of more than its annual increase in NICs, and it must not
be used in a way that might adversely affect the “subsisting
rights“ (accrued pension rights or entitlements) of a scheme
member or a scheme member’s survivor.
Before any amendments can be made, an actuary will be
required to certify that the proposed changes meet the relevant
requirements, and that he or she has carried out their calculations
in accordance with the relevant regulations. The regulations
which set out the detail of these calculations and other
procedural aspects of the modification power were part of a
recent Department for Work and Pensions (DWP) consultation.
The power may be used more than once, but is currently only
intended to be available for a limited period of five years.
However, the Act reserves the power to extend this period.
SPA
Under plans originally put forward by the Labour government,
SPA was due to increase to age 67 between 6 April 2034 and
5 April 2036.
2 PMI TECHNICAL NEWS AUG 2014
Responding to faster than projected increases in life expectancy,
and the need to keep the state pension system affordable, the Act
provides for this timetable to be accelerated. The increase will
therefore now occur between 6 April 2026 and 5 March 2028.
In addition, the Act makes provision for SPA to be periodically
reviewed by the Secretary of State, in light of changes to life
expectancy and other relevant factors. The Secretary of State will be
required to prepare and publish a report in relation to the review.
The first of these reports must be issued before 7 May 2017, with
subsequent reports due every six years. Any change to SPA would
be introduced by primary legislation.
Automatic transfers
The Act contains a duty for the Secretary of State to make
regulations to establish a system of automatic transfers of pension
benefits (also known as “pot follows member“) and sets out a
framework for the new system.
If certain requirements are met, an individual’s accrued rights
under a DC (or other prescribed) scheme will be eligible for
transfer to their current pension scheme. These requirements
include that the individual’s pension pot is of a certain size and
was accrued after a certain date.
It will be possible for the individual to stop a transfer occurring.
The regulations may either require the member to consent to the
transfer or make it possible for them to opt-out.
The Government has indicated that, initially, only pots of up to
£10,000 may be transferred. However, the Secretary of State
will need to review this limit at least every five years, and revise it
if appropriate.
The rationale underpinning this system is the need to address the
expected increase in the number of dormant, often small, pots
following the introduction of automatic enrolment. Having
considered other options, such as an aggregator scheme, the
Government concluded that automatic transfers would benefit
members and providers. The theory is that members will be able
to build up one substantive pension account, which may ease
conversion to an annuity, while providers will benefit from having
to administer fewer dormant pots. The policy also aimed to help
people monitor their pension benefits and increase engagement
with their savings.
It is arguable that the need for a mechanism to consolidate DC
pension pots in order to ease conversion to an annuity has been
decreased by measures announced in the Budget 2014. Subject
to specific conditions being met, since March 2014:
n the amount which can be taken as a lump sum under the
general rules on “trivial commutation“ has increased from
£18,000 to £30,000; and
n small pots of up to £10,000 can be paid out as cash
The aim of these requirements is to
ensure that the employees will
become eligible to receive a
pension in their contracted-out
scheme which is broadly equivalent
to the ASP to which they would
otherwise have become entitled
3. This makes it easier for both individuals and schemes to deal with
small pension pots when a member reaches age 60. Further, if
the Budget proposals are implemented, from April 2015
individuals will be able to take their entire DC pot(s) as cash,
subject to tax. While an annuity is still an option and will remain
attractive for some, it will no longer be essential for those who do
not want to use income drawdown.
However, there is still an argument for easing the administrative
burden and for helping individuals to keep track of their pension
benefits, and we understand that Steve Webb, the Pensions
Minister, remains wedded to this new system. While an
implementation date has yet to be confirmed, we understand that
automatic transfers are likely to be introduced in 2015.
Abolition of refunds of contributions
for DC schemes
The abolition of short-service refunds for DC members sits
alongside the proposed system of automatic transfers.
The Government intends pension saving to be the norm, and that
pension contributions should remain in schemes to be invested to
produce retirement income for members. Refunds of
contributions run counter to this intention, and are relatively
popular. In 2009, DC schemes made 20,000 such refunds, and
the Government expects this figure to rise to 100,000 per annum
as automatic enrolment becomes more widespread.
The Act therefore provides for DC benefits to vest as soon as a
member has completed 30 days’ qualifying membership of a
scheme. The intended effect of this is that short-service refunds
will no longer be available to members who give up their
membership within two years but after 30 days.
However, this section will only apply to individuals who first
become active members of a scheme, or who re-join a scheme
having already taken a refund or transfer, on or after the date it
comes into force. This date has not yet been specified, but Steve
Webb has indicated that it will be in 2014.
Charges cap, disclosure and governance/
administration requirements
The Act provides for regulations to be made to prohibit
“administration charges“ from being imposed on members of
certain schemes, and to impose administration and governance
requirements. The Pensions Regulator may be given powers to
ensure that schemes comply.
The Government and the Financial Conduct Authority will also be
required to legislate or make general rules, respectively, requiring
information about some or all of the transaction costs and
administration charges of an occupational DC scheme, and certain
personal pension schemes, to be both published and given to
members and prospective members, spouses or civil partners.
3 PMI TECHNICAL NEWS AUG 2014
The regulations may also require the publication of additional
information which would or may assist in making comparisons
between schemes’ costs and charges.
The detail of the Government’s proposals was contained in its
recent Command Paper: “Better workplace pensions: further
measures for savers“. Key points include:
n minimum governance requirements will apply from April 2015
for all DC workplace pension schemes
n occupational pension scheme trustees will need to provide an
independently audited statement that they have met the new
governance standards
n contract-based schemes will need to establish Independent
Governance Committees (IGCs) to perform a similar role to
trustees, to improve accountability and assess value for money.
They will also have an obligation to report on how they have
met the new governance standards
n from April 2015, there will be a charge cap on default funds
of 0.75%, and a ban on commission or consultancy charges
in DC schemes which can be used for automatic enrolment
(known as qualifying schemes). It is estimated that the charge
cap will result in additional savings for individuals of £195
million over the next ten years
n from April 2016, all active member discount structures and
member-borne commission payments will be banned in
qualifying schemes
n from April 2015, there will be mandatory disclosure of costs
and charges in a standard format, and a duty on trustees and
IGCs to consider and report on these
All of the above are aimed at ensuring that individuals, particularly
those who are automatically enrolled, receive value for money from
their DC pension schemes, and that any member-borne charges are
fair and appropriate. A recent Office of Fair Trading DC market
study found that competition alone was not sufficient to achieve
this, due to the weakness in the buyer side of the market and the
complexity of the product. Further, the lack of transparency of
pension scheme charges means that both individuals and
employers are unable to assess and compare schemes.
The Government intends
pension saving to be the norm,
and that pension contributions
should remain in schemes to be
invested to produce retirement
income for members
PMI Technical News Aug 2014 mk3_Layout 1 24/07/2014 11:19 Page 5
4. The Government is reluctant to
introduce a specific exclusion, as
it considers this might carry an
increased employer monitoring
burden. However, it recognises
that automatic enrolment and
pension saving will not always
be appropriate
PMI TECHNICAL NEWS AUG 2014 4
Technical changes to automatic enrolment
The Act makes several technical changes to the automatic
enrolment legislation.
Exceptions where automatic enrolment is deferred
On and from their “staging date“, employers must automatically
enrol workers who satisfy certain age and earnings criteria
(“jobholders“) into a qualifying workplace pension scheme. But,
employers may postpone automatic enrolment for up to three
months, known as the “waiting period“.
Employers who will be using a DB or hybrid scheme may, subject
to certain conditions, defer automatic enrolment until the end of a
transitional period (30 September 2017). Such employers may
then make use of the waiting period to postpone automatic
enrolment for a further three months.
Employers also have a duty every three years to re-enrol any
jobholder who opted-out or left the scheme.
Under the current legislation, it is possible for the duty to re-enrol
to fall within the transitional or waiting periods. The Act will
therefore remove this duty if automatic enrolment has been
legitimately deferred.
Power to create general exceptions
Employers’ automatic enrolment duty is subject to certain limited
exceptions. But there is currently no general power to exclude
certain types of workers, or workers in certain circumstances.
The Government is reluctant to introduce a specific exclusion, as it
considers this might carry an increased employer monitoring
burden. However, it recognises that automatic enrolment and
pension saving will not always be appropriate. In addition,
automatic enrolment can, in some circumstances, impose
unnecessary work on the employer, and cause an individual to
incur a financial penalty.
Categories of worker who it may be appropriate to exclude from
automatic enrolment include:
n individuals with enhanced or fixed tax protection
n active members of DC schemes who have given notice of
retirement, and
n people who hand in their notice during a deferral period
Rather than create a specific exclusion, the Act introduces a power
for regulations to be laid which create exceptions to the general
duty to automatically enrol. In respect of certain types of worker,
or in particular circumstances, these regulations may allow an
employer to choose whether to automatically enrol an individual.
They may also provide for the duty to automatically enrol to be
reinstated if the circumstances which triggered the exclusion
change. However, the provision prevents the introduction of any
exceptions based on the size of the employer.
Alternative quality requirements for DB schemes
Currently:
n contracted-out DB schemes automatically qualify for use in
automatic enrolment, and
n contracted-in schemes qualify by meeting the “test scheme
standard“ in relation to all jobholders.
The test scheme is a hypothetical scheme used as a benchmark
against which a scheme can be measured. To meet the test
scheme standard the scheme must provide benefits to members
which are broadly equivalent to, or better than, those which
would be provided under the test scheme.
With the abolition of DB contracting-out looming, the Act
provides a power for regulations to be laid which will allow DB
schemes to satisfy the quality requirements if:
n the money purchase quality requirement (the scheme provides
a total contribution of 8% of qualifying earnings [broadly,
jobholders’ gross earnings in a year between £5,772 and
£41,865] with at least 3% contributed by the employer) is
met; or
n the cost of funding future accruals for “relevant members“
over a “relevant period“ would require total contributions of
at least 8% of the members’ total “relevant earnings“; or
n in the case of at least 90% of the “relevant members“, the
cost of providing future accruals over a “relevant period“
would require total contributions of at least 8% of a member’s
total “relevant earnings“ over that period.
All the phrases in quotation marks will be defined in the
regulations.
These regulations must be reviewed on an ongoing basis to check
that the Government’s policy intentions are being achieved. The
first review will be in 2017, with subsequent reviews following at
least every three years.
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5. PMI Technical News Aug 2014 mk3_Layout 1 24/07/2014 11:19 Page 1
Transitional period for hybrid schemes
Different transitional arrangements apply in respect of automatic
enrolment, depending on whether a DC, or a DB or hybrid
pension scheme is offered by the employer.
Where a DC scheme is used, employee and employer minimum
contributions may be phased in over a transitional period, whereas
DB or hybrid schemes may defer automatic enrolment until the
end of a transitional period (30 September 2017) provided certain
conditions are met.
The current legislation allows an employer offering a hybrid
scheme (one which provides DB and DC benefits) to postpone
automatic enrolment until 2017, even though jobholders would
only be eligible to accrue DC benefits. This was not the
Government’s intention.
On 19 December 2012, the Government announced that it would
introduce retrospective legislation to clarify the law. The Act
therefore provides for the DB transitional arrangements to apply
only where DB benefits will be offered. Similarly, a DB scheme
which is a qualifying scheme by virtue of satisfying the DC quality
requirement will not be able to postpone automatic enrolment for
the transitional period.
Instead, DB schemes which satisfy the DC quality requirement,
and hybrid schemes which will offer DC benefits to jobholders,
may take advantage of the DC transitional arrangements.
As the legislation will have retrospective effect, any employer who
has already deferred automatic enrolment will need to take action
to enrol jobholders. They will also need to backdate contributions
to the later of 19 December 2012 and their staging date. The
jobholder will be able to choose whether they wish to pay their
own contributions for the same period.
New statutory objective for the regulator
Concerned to ensure that regulation of DB schemes did not inhibit
investment and growth, in January 2013 the Government issued a
call for evidence which, among other matters, suggested a new
objective for the regulator. It proposed that the regulator be
required to consider the long-term affordability of deficit recovery
plans to sponsoring employers.
5 PMI TECHNICAL NEWS AUG 2014
No longer in its original form, but with the same mischief in mind,
the Act introduced a new objective for the regulator, which came
into force in July 2014. The regulator is now required to minimise
any adverse impact on the sustainable growth of an employer
when exercising its functions in relation to scheme funding.
A revised code of practice on scheme funding, which takes
account of this new objective, is also now in force.
Pension Protection Fund – increased
compensation cap for long service
The Pension Protection Fund (PPF) provides compensation to
members of eligible DB pension schemes, when there is a
qualifying employer insolvency event, and there are insufficient
assets in the pension scheme to cover the PPF level of
compensation.
At the moment, anyone under a scheme’s normal pension age
when the employer becomes insolvent is paid compensation
based on 90% of their expected pension, subject to a maximum
cap (the “compensation cap“).
Following the collapse of car parts firm Visteon in 2009, the
operation of the PPF compensation cap was reviewed.
Responding to concerns that the cap did not recognise long
service, the Act provides for the current compensation cap to
apply to individuals with up to 21 years’ pensionable service.
For anyone with 21 or more full years’ pensionable service the
cap will be increased by 3% for each full year over 20 years, up
to a maximum of twice the compensation cap.
Current compensation payments for both members and their
survivors will be recalculated to take into account the increased
cap for long service, and revised payments will be made going
forward. However, there will be no backdating, except in respect
of certain terminal illness lump sums.
The Act will introduce transitional provisions for schemes which
are already in the assessment process when the new cap is
introduced. Broadly,
n trustees will have to increase pension payments to take the
new cap into account
n calculations (including asset allocation on a wind-up) will be
made on the original basis
Potential prohibition of incentives
In November 2011, Steve Webb confirmed his intention to
“crack down“ on bad practice in relation to incentive exercises.
To achieve this, he tasked an industry working group with
improving the standard of such exercises, “while preserving
[them] as a legitimate tool for sponsors to help manage the
liabilities in their [DB] pension schemes“. The result, a non-statutory
code of “good practice“, was published in June 2012.
The regulator is now required to
minimise any adverse impact on the
sustainable growth of an employer
when exercising its functions in
relation to scheme funding
6. PMI Technical News Aug 2014 mk3_Layout 1 24/07/2014 11:19 Page 2
Opinions expressed in this publication are the personal views of the contibutor and should not be regarded as the official views of
the PMI.
Published by:
The Pensions Managment Institute
PMI House
4 - 10 Artillery Lane
London, E1 7LS
6 PMI TECHNICAL NEWS AUG 2014
T: 020 7247 1452
F: 020 7375 0603
E: pmiservices@pensions-pmi.org.uk
www.pensions-pmi.org.uk
For the purposes of the code, an incentive exercise is “an
invitation or inducement…provided to a member to change the
form of their accrued [DB] rights“:
n with the objective of reducing risk or cost for the pension
scheme or sponsor(s); and
n where the invitation or inducement is not ordinarily available
to members of the pension scheme
While research indicates that the industry has responded well to
the code of practice, the Act introduces a power for regulations
to be made to prohibit the offering of a financial or other
advantage to induce an individual to transfer their benefits out
of a DB scheme, or to purchase an annuity.
However, if this power has not been exercised within seven years
of its coming into force it will be repealed.
Next steps
The Act introduces a raft of changes, but it is worth remembering
that they are not all in force, and some will not be for a fair while
yet. Trustees and employers should therefore assess the priorities
for their scheme(s) and act accordingly.
The provisions in respect of the single-tier state pension and the
abolition of DB contracting-out will generally come into force on
6 April 2016. However, the majority of the Act will be brought
into force by order, at as yet unspecified dates.
Georgina Jones
Associate Director
Sackers