To Be [Registrable] or Not To Be, That is the Question

Shakespeare Writing with Feather Pen

Government consultation on transposing the fifth EU money laundering directive into UK law is under way. Do pension trustees need to worry about it?  Probably not. Most of the shocks came in 2017, when the fourth money laundering directive was adopted in the UK. At the same time that many pension trustees were implementing a policy of “data minimisation” for GDPR compliance purposes, HMRC asked schemes to start storing additional personal data in relation to beneficial owners. “Beneficial owner” is widely defined under the 2017 money laundering regulations, capturing pension trustees as well as pension scheme beneficiaries. A new registration system was also introduced, which would kick-in in specific circumstances.

So, given that anti-money laundering compliance has already been on trustee agendas, is the fifth money laundering directive all much ado about nothing? Continue Reading

Is LGPS Governance Up To Scratch?

From asset pooling and actuarial valuations to administration and data, local government pension schemes have a lot to think about this year – meaning good governance is more important than ever. In this podcast episode recorded for Pensions Expert, Kirsty Bartlett, partner in our Pensions team, and Ian Colvin, head of LGPS Benefits and Governance at Hymans Robertson, discuss potential conflicts of interest, pressure on fund resources and the importance of focusing on administration.

*Copyright for this podcast is owned by the Financial Times. This podcast was originally published in Pensions Expert on 3 April 2019.

No Deal, No PPF?

Houses of Parliament from the South Bank

Brexit insolvency issues for trustees of pension schemes with overseas sponsors

You might remember that before 2016, in the world before the EU referendum (which did exist!), it was effectively not possible for the insolvency of an overseas sponsor of a UK pension scheme to trigger entry into the PPF unless the overseas sponsor had a branch or office (an “establishment”) in the UK (for legal geeks you might remember this was the issue discussed in the Olympic Airlines case which was heard by the Supreme Court in 2015).

Following the Olympic Airlines case, in 2016 the PPF entry regulations were amended so that trustees can trigger entry into the PPF where an overseas sponsor with no “establishment” in the UK is unlikely to continue as a going concern.

Problem solved? Well, Brexit might yet throw a spanner into the works (and it might not be the last time that sentence is written…). Continue Reading

Strength in numbers – The Pensions Regulator presents challenges for the sole trader trustee model

Tug of War

Are you a professional trustee of an occupational pension scheme? If so, you will soon be expected to apply for accreditation and demonstrate that you meet a new set of standards.

The Professional Trustee Standards Working Group recently published details of a proposed accreditation framework for professional trustees. This follows on from a consultation which concluded in March 2018.

Continue Reading

I’m a small DC scheme… get me out of here

Elephants

Does your DC scheme have less than £10m in assets or fewer than 1,000 members? If so, you may have to consolidate into another arrangement – or explain why you should not. The encouragement of DC consolidation is one of the proposals in the DWP’s consultation “Investment Innovation and Future Consolidation”, which runs until 1 April 2019.

The consultation focuses on two objectives for trust-based DC schemes in the UK: (1) enabling them to choose to include more illiquid investments in their portfolios and (2) improving scheme governance. The proposed method for both is greater concentration of assets through consolidation.

According to the consultation, there are around 3,000 trust-based pure DC schemes, 93% of whose assets are concentrated in only 7% of those schemes (being the largest schemes, i.e. with over 1,000 members). The DWP’s proposals are designed to accelerate consolidation of assets and the following methods are put forward: Continue Reading

Roses are red, Violets are blue, This Declaration of Intent, Is something new

We may be approaching Valentine’s Day, but the new “Declaration of Intent” to be made by employers to their pension trustees is unlikely to be romantic….

A lot can happen in a year. We’ve had two Royal weddings, a Royal baby, Facebook has been under fire for misuse of personal data, Donald Trump and Kim Jong Un held a summit in Singapore, France won the World Cup and the DWP has been busy considering how best to protect defined benefit pension schemes. In March 2018, the DWP issued its White Paper on “Protecting Defined Benefit Pension Schemes”, which was swiftly followed by various consultations. This included a consultation in June 2018 on strengthening the powers of The Pensions Regulator (TPR). The DWP has now issued its outcome of that consultation.  We are pleased to see that many of our own comments which we provided during the consultation appear to have been persuasive.    Continue Reading

UK Pensions gets a Global Edge

Global Edge - Logo

We are delighted to announce that our award winning HR legal portal “Global Edge” now contains a new special feature on UK pensions law. Global Edge gives instant access (via mobile device or desktop) to a vast array of employment law topics and the latest legal developments in 37 countries plus the EU.

If, for example, you want to know what your employment law obligations would be when purchasing a company that operates in Spain, France, Germany, Malaysia, Romania and the UK, Global Edge will generate a report within seconds comparing the legal requirements for each country. Global Edge also contains a horizon scanner, giving details of all forthcoming developments in employment law, along with access to current news, articles and employment blogs. Continue Reading

GMPs Rock!

Are GMPs getting you down? ‘Tis the season for a lighthearted view of a serious issue. We have set the history of GMPs to verse in our “GMPs Rock” poem, and invite you to reminisce with us.

All the best from the Squire Patton Boggs Pensions Team.

GMPs Rock!

It all began way back in time, in Nineteen Seventy Five
The passing of a pensions act brought GMPs alive.
And in the world of pop music there was a whole new scene
The festive number one that year? A Rhapsody by Queen.

Contracting-out came into force in Nineteen Seventy Eight,
A certificate was needed, and everything was great.
The total savings on NI were really quite a gem.
The yuletide number one back then? A song by “Boney M”.

Continue Reading

Retirement Savings Reform – a focus for the Trump Administration and Congress

Money House

On August 31, 2018, President Trump issued an Executive Order directing the Department of Labor (DOL) and Treasury Department to take action to “promote retirement security for America’s workers” by, among other things, expanding access to Multiple Employer Plans (MEPs).  Specifically, within 180 days of the issuance of the Executive Order, DOL must “consider…whether to issue a notice of proposed rulemaking, other guidance, or both, that would clarify when a group or association of employers or other appropriate business or organization could be an ‘employer.’”  Within that same timeframe, the Treasury Department must “consider proposing amendments to regulations or other guidance… regarding the circumstances under which a MEP may satisfy the tax qualification requirements…including the consequences if one or more employers that sponsored or adopted the plan fails to take one or more actions necessary to meet those requirements.”

In response to that Executive Order, DOL on October 23, 2018, published a Notice of Proposed Rulemaking (NPRM) in the Federal Register that “would make it easier for small businesses to offer retirement savings plans to their workers through Association Retirement Plans, which would allow small businesses to band together to offer 401(k) plans to their employees.”  Specifically, under title 29 of the Code of Federal Regulations, DOL’s NPRM seeks to clarify the circumstances under which an employer group or association or a professional employer organization (PEO) may sponsor a workplace retirement plan. In particular, the NPRM clarifies that employer groups or associations and PEOs can, when satisfying certain criteria, constitute “employers” within the meaning of section 3(5) of ERISA for purposes of establishing or maintaining an individual account “employee pension benefit plan” within the meaning of ERISA section 3(2). As part of the NPRM, DOL is requesting comments on whether it should address, by regulation or otherwise, whether there are other types of entities that should be treated as an “employer,” within the meaning of ERISA section 3(5), for purposes of sponsoring a MEP. Importantly, the NPRM would apply solely to defined contribution plans.

Under the NPRM, an employer generally would be required to execute a participation agreement or similar instrument that lays out the rights and obligations of the MEP sponsor and the participating employer before participating. However, these employers would not be viewed as sponsoring their own separate, individual plans under ERISA. Rather, the MEP, if meeting the conditions prescribed in the NPRM, would constitute a single employee benefit plan for purposes of title I of ERISA. Consequently, the MEP sponsor – and not the participating employers – would generally be responsible, as plan administrator, for compliance with the requirements of title I of ERISA, including reporting, disclosure, and fiduciary obligations. Continue Reading

2019 AGM season – the Investment Association sets the bar

The Investment Association has published its annual letter to Remuneration Committee chairs and updated Principles of Remuneration (“Principles”) for the next AGM season. Most of the changes reflect the new UK Corporate Governance Code and the Investment Association (“IA”) has updated the Principles to make them “clearer and sharper”.

That certainly describes the tone taken in the annual letter. The IA makes it clear that companies which fail to respond to shareholder views, or do not take the time to understand those views, will find investors have no choice but to vote against their remuneration proposals. Reflecting the hardening mood on director pay, the IA warns that executive remuneration is a reputational issue for the company, individual Remco members and those executive directors who receive remuneration from contentious arrangements. Any boards still taking the view that pay is a contractual matter only and that fairness in remuneration is a woolly, nice to have, concept have been given a very clear warning that the landscape has changed.

These priorities are clear in the IA’s key issues for the 2019 AGM season, which include:

  • Encouraging companies to report their CEO pay ratio in 2019 (even though the new requirements apply from 2020 for most companies), and to adopt Option A as this is the most statistically robust calculation method.
  • Highlighting that engagement between Remuneration Committees and investors remains key, although some IA members have found Remuneration Committees are “overly considerate” of the management perspective and so do not give sufficient weight to the views of investors.
  • Making clear that shareholder consultations should be a genuine process of obtaining shareholder views on a company’s complete remuneration structure (not just proposed changes) and not a validation exercise.
  • Reiterating that “ordinary pension savers” want to understand why investors support remuneration pay-outs, and so investors must be able to link pay and performance through transparency on financial and non-financial targets in order to justify their support.

The key changes to the Principles mostly reflect the new UK Corporate Governance Code. In summary: Continue Reading

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