However, once they are in force they will give the Regulator much greater scope to sanction errant directors who disregard the interests of their DB scheme. Meanwhile, pension litigators have been busy over the last 12 months, with key judgments handed down in significant cases including Hughes and others v the Board of the Pension Protection Fund (in which the High Court held that the PPF compensation cap was unlawful), Safeway Limited v Andrew Newton and Safeway Pension Trustees Limited (where the Court of Appeal found that the Safeway Pension Scheme was able to retrospectively level down its scheme’s normal pension age, albeit only to a limited extent) and, more recently, the landmark High Court decision in the 2nd Lloyds Bank judgment, in which Morgan J held that trustees of defined benefit (DB) schemes that provide Guaranteed Minimum Pensions (GMPs) in respect of the period 17 May 1990 and 5 April 1997 are required to revisit and, where necessary, top-up historic cash equivalent transfer values that have been calculated on an unequalised basis. Otherwise pension managers are grouped with other corporate sponsor functions. Sorry, your blog cannot share posts by email. Schemes expect to rely at least as heavily on investment returns as on cash from the sponsor to achieve them. The Regulator is also due to be granted new and enhanced powers by the Autumn, including the power to enforce new criminal offences and to impose civil fines of up to £1 million on directors, lenders, investors, advisers or other persons who take action which is, broadly speaking, materially detrimental to a DB scheme. Such action is consistent with the Government’s plans to ensure that pension schemes are effectively managing climate-related risks. A majority expect technology to fundamentally improve governance in the future. Local government finance.2. MPs have been pushing the Government to take more action to tackle the threat posed by pension scams. People’s Republic of China.I. As well as anticipating a rise in complaints related to pension scams, the Ombudsman is also expecting to receive numerous complaints related to Covid-19 in the coming year. Low interest rates have kept the present value of liabilities high. It is also possible that we could see more activity from the Regulator in the coming year, as scheme sponsors battle to overcome the impact of Covid-19. For example, the pensions industry had expected that TPR would launch a formal consultation on revising its Code of Practice 3 on funding defined benefits in spring / … New commercial consolidators have emerged, targeting employers who want to pass their liabilities to a third party but for whom buying out benefits with an insurer does not look realistic, with policymakers still deciding how these vehicles should be regulated. Modern slavery and Human Trafficking Statement, the receiving scheme or parties involved in the transfer not having the required FCA permissions, the member having been contacted via social media, email or by cold calling or being offered a free pension review or early access to cash, the member being pressured to transfer quickly, or. Alignment of interests. In our predictions last year, we highlighted the growing risk of legal challenges relating to environmental, social and governance (ESG) issues, which was demonstrated by the legal challenge brought by a member of the Retail Employees Superannuation Trust (REST) in Australia against the Trust for failures in relation to the Trust’s climate-related disclosures. Why is it that market-leading employers haven’t been able to tackle and resolve their issues in this space, despite in some cases decades of effort? To accomplish this, they can either increase contributions or aim for higher returns, notably by taking more risks. 16% say Brexit will weaken the sponsor’s ability to support the scheme, but 82% report it will make no difference. First, we have to make sure the pension freedoms actually work and it is not completely clear at the moment just how this is going to develop. The Covid-19 pandemic continues to have an impact on the finances of many individuals, which may see an increasing number of members seeking to transfer their pension benefits in an attempt to access cash quickly. Although 2020 may be over, it is likely the dominant themes will continue to be felt in 2021 and some may mutate into new and emerging threats to the financial health of UK pension schemes and their members. Online information for members and data quality are the main priorities. The Pension Schemes Bill would provide a statutory framework for this sort of approach. Given the ongoing health, political and economic uncertainties, 2021 looks set to be an equally challenging year as existing risks evolve and new ones emerge. The report begins by looking at the global context in which social security schemes are now operating and the relevance of social security to the goal of decent work. Sacker and Partners has published its fourth environmental, social and corporate governance (ESG) guide, with the aim of helping scheme trustees keep up with shifting regulations. All rights reserved. 2 in 3 see data quality becoming a major challenge for DB schemes. inform members of any disruption to services or temporary changes to service levels, the steps taken to restore normal services and the timescales involved. The ongoing technological revolution has created opportunities to track funding levels and risk in real time, to improve administration, and to communicate with members about their options. However, it has recently warned schemes to prepare for a “tsunami of requests” in DB transfers in Q2 of 2021, when the current restrictions are hopefully eased. MPs have been pushing the Government to take more action to tackle the threat posed by pension scams. 90347 _____ This study was carried out by Philip O’Keefe and Puja Vasudeva Dutta (SASHD - Social Protection) with guidance from Mansoora Rashid (SASHD - Social Protection). Emerging … Funds have to be well-run which … It also means the elderly coverage gap will persist in most countries. Required fields are marked *, You may use these HTML tags and attributes:
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