Archives: UK Pensions

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Trustees – you are not exempt from the money laundering regulations. Do you know what actions you need to take?

A lot has happened since 26 June 2017. We’ve had Wimbledon, summer holidays, a total solar eclipse, Leeds and Reading Festivals, the summer transfer window closed (football, not pensions), the start of the autumn term at school, the World Black Pudding Throwing Championships, Proms in the Park and we are now nearly into half term.  … Continue Reading

Pensions myth-busting – overseas transfers

Transferring UK pension benefits overseas was already difficult enough, but the new rules announced in the 2017 Budget have added a further layer of complexity. An Overseas Transfer Charge (OTC) applies to overseas transfers that are requested after 9 March 2017 and is generally payable unless the member can show that certain exemptions apply. The … Continue Reading

“Another fine mess” – higher monetary penalties for professional trustees

Are you considered to be a “professional trustee”? Well the answer to that question has just become a whole lot more important! The Pensions Regulator has recently published its “Professional trustee description policy”, which aims to provide clarity over who the Regulator would and would not consider to be a professional trustee. The Regulator’s definition … Continue Reading

How2 Do Pensions

To mark Pensions Awareness Day 2017, Squire Patton Boggs launches a series of free “How2 Do Pensions” guides! Each issue will provide a valuable speed brief on a key aspect of UK occupational pensions. The first two instalments summarise employer automatic enrolment duties and how to move to electronic member communications. Further instalments will follow each … Continue Reading

Age ain’t nothing but a number

With a whirlwind of changes enforced in the last seven years the state pension age, which remained unchanged from the 1940s until 2010, is yet again in for a shake-up. On 18 July, David Gauke, Work and Pensions secretary announced plans to bring forward the increase in state pension age to 68 – this will … Continue Reading

Hanging on the telephone

It’s time to hang up on cold callers! The loss of pension savings can have a devastating impact on an individual’s plans for retirement but this is an unfortunate reality for those who have fallen victim to pension scammers. The UK Government’s consultation response on pension scams shows its clear intention to ban cold calling … Continue Reading

Quick reminder: large transfers need to be notified to the Pensions Regulator

Trustees: don’t risk a fine due to a simple process failure! Reports show that transfer requests are steadily increasing in number and value.  Suggestions are that this is due to the attractiveness of member choice and the introduction of new pensions flexibilities from 2015.  So, with everyone talking about the impact of transfers-out on scheme … Continue Reading

The IBM appeal – when is a pensions promise not a promise?

Employers can pursue pension plan change with renewed vigour following the publication of the judgment in the IBM appeal. They can now be less concerned about whether promises they have made in the past may bind them into the future, as the weight of an employee’s “reasonable expectations” argument has been significantly downgraded making it … Continue Reading

Do you employ one of the 433,000? Action required if so!

An important deadline is coming up for employers who have used the transitional period for schemes with defined benefits to delay their automatic enrolment duties.  Whilst the transitional period has not been widely used – the Pensions Regulator’s most recent monthly compliance report sets out that, as at July 2017, approximately 433,000 workers have had … Continue Reading

It’s the summer holidays: delays on the roads, delays at the airport, delays on public transport (no change there, then!) and delays on pension transfers

Are pension transfer delays (and complaints about them) here to stay? In its 2016/17 annual report, the Pensions Ombudsman (PO) noted that there had been an increase in the number of complaints about pension transfers. In fact, complaints about transfers were the second most popular form of complaint, making up 10.5% of all new investigations … Continue Reading

243 million reasons for a new pan-European personal pension product

It is estimated that only around 28% of the EU’s 243 million citizens aged 25 to 59 years are currently saving into a pension. The European Commission considers that offering an alternative form of pensions vehicle will drive a change in behaviour. To this end, on 29 June, the European Commission proposed Regulations setting out … Continue Reading

Stuck on spin cycle – pensions and the money laundering regulations

In May we took the plunge and blogged about the forthcoming money laundering regulations (which seemed to have gone largely unnoticed until that point).  We highlighted some difficulties with the legislation and that it wasn’t entirely clear how they would apply to occupational pension plans.  Well, the final form regulations have arrived. They came into force … Continue Reading

FCA Asset Management Market Study

The UK Financial Conduct Authority (FCA) published its final Report on its asset management market study yesterday. Key findings include: Asset management – the report finds evidence of weak price competition and recommends a number of remedial strategies, including improved transparency and an extension of the senior managers’ regime. However, the FCA has rejected the idea of … Continue Reading

Pensions & GDPR – the 12 month countdown begins!

The General Data Protection Regulation (GDPR) comes into force on 25 May 2018.  Before that date, trustees of UK occupational pension plans will need to undertake some preparatory work, including: Creating records of all personal data processing activities (or confirming delegation to plan administrators and obtaining confirmation that they will do this) and ensuring administration … Continue Reading

Pension funds to benefit from further three year mandatory clearing exemption

Last week (4 May 2017), the European Commission published a legislative proposal to amend various provisions of the European Market Infrastructure Regulation (Regulation 648/2012) (EMIR). The proposal was adopted following a general report on EMIR published by the Commission in November 2016. Although the report indicated that “no fundamental change should be made to the … Continue Reading

We’ll CJEU in Court…or not!

The Upper Tribunal has rejected an application by the trustee of the British Coal Staff Superannuation Scheme for an expedited referral of its case to the Court of Justice of the European Union (“CJEU”). The Upper Tribunal decided that the unprecedented circumstances arising from the triggering of Article 50 did not alter its established test, … Continue Reading

Will the new money laundering regulations inspire pension plan spring cleaning?

New regulations, coming into force in June 2017, will introduce stricter EU anti-money laundering requirements into the UK and seem likely apply to pension plans. The potential criminal penalties for breach of the regulations are likely to bring this to the forefront of people’s minds. Will the new regulations apply to pension plan trustees?  Probably! … Continue Reading
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