Chapter 4 (7 Questions) Flashcards

1
Q

What is the main purpose of The Pensions Regulator?

A

To regulate work-based pension schemes and support employers in complying with their automatic enrolment duties.

Key responsibilities include ensuring employers enroll staff in pension schemes and pay into them, protecting savings, and improving workplace pension scheme operations.

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2
Q

List the key responsibilities of The Pensions Regulator.

A
  • Ensure employers enroll staff in pension schemes
  • Protect people’s savings in workplace pensions
  • Improve the operation of workplace pension schemes
  • Reduce the risk of pension schemes ending up in the Pension Protection Fund (PPF)
  • Ensure employers balance the needs of defined benefit pension schemes with business growth.

These responsibilities are aimed at maintaining the integrity and security of pension schemes.

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3
Q

What powers does The Pensions Regulator have under the Pension Schemes Act 2017?

A

To authorise and de-authorise master trusts.

This act enhances TPR’s supervisory capacities in managing pension schemes.

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4
Q

What types of information does The Pensions Regulator gather?

A
  • Scheme returns
  • Whistleblowing reports
  • Research and analysis work
  • Thematic reviews

This information helps TPR identify and monitor risks in pension schemes.

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5
Q

True or False: The Pensions Regulator can issue improvement notices.

A

True.

TPR can take various actions to protect the security of members’ benefits.

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6
Q

What actions can The Pensions Regulator take against employers trying to avoid pension obligations?

A
  • Issue contribution notices
  • Issue financial support directions

These actions are taken to ensure the protection of scheme members’ benefits and the Pension Protection Fund.

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7
Q

Define ‘eligible complainants’ in the context of the Financial Ombudsman Service.

A
  • Consumer
  • Charity with annual income < £6.5 million
  • Trustee of a trust with net asset value < £5 million
  • Micro-enterprise with < 10 employees and turnover/balance sheet total < €2m
  • Borrower under CBTL credit agreement
  • Small business with annual turnover < £6.5m and < 50 employees
  • Guarantor

These definitions determine who can raise complaints with the FOS.

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8
Q

What is the role of the Financial Ombudsman Service?

A

To deal with complaints from eligible complainants regarding financial services.

It provides a statutory dispute-resolution scheme.

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9
Q

What powers does the Financial Ombudsman Service have if it upholds a complaint?

A
  • Money award
  • Award for distress and inconvenience
  • Interest award
  • Costs award
  • Directions

The FOS can impose these penalties to rectify complaints against financial firms.

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10
Q

Who can the Pensions Ombudsman investigate complaints from?

A
  • Current or former members of a pension scheme
  • Widow, widower, surviving civil partner, or dependant of a deceased member
  • People with a pension credit related to a member
  • Nominated individuals by a member or their estate

The Pensions Ombudsman investigates how pension schemes are run.

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11
Q

What is the purpose of the Pension Protection Fund (PPF)?

A

To protect members of defined benefit and hybrid schemes through an insurance scheme.

The PPF is funded by three types of levies.

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12
Q

Under what conditions may the PPF pay compensation?

A
  • Employer with a defined benefit or hybrid pension scheme becomes insolvent
  • Funds misappropriated through fraud
  • Scheme is not a defined contribution scheme
  • Qualifying insolvency event occurs
  • Insufficient assets to secure benefits equal to PPF compensation

These conditions ensure that members are protected when their employer cannot fulfill pension obligations.

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13
Q

What are the compensation levels provided by the PPF?

A
  • 100% for members at normal retirement age
  • 100% for members in receipt of survivor’s benefits
  • 90% for retired members not at normal retirement age
  • 90% for deferred members not at normal retirement age
  • 50% for spouse/civil partner benefits after insolvency
  • 25% for one qualifying child, up to 50% if more than one
  • 50% for children without a spouse’s pension, up to 100% if more than one

Compensation levels vary based on the member’s status at the time of insolvency.

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14
Q

What is the Financial Assistance Scheme (FAS)?

A

A scheme to help those who lost pension benefits due to company insolvency, not covered by the PPF.

It pays 90% of accrued pension benefits for underfunded defined benefit schemes that began wind-up between certain dates.

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15
Q

What are pension scams?

A

Practices luring individuals to move pension funds into unregistered schemes with promises of high returns or early access.

Cold calling regarding pensions is illegal under the Financial Guidance and Claims Act 2018.

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16
Q

What does the Pensions Act 2008 require from employers?

A
  • Offer a qualifying workplace pension scheme
  • Automatically enroll eligible jobholders
  • Pay a minimum level of contributions

This act ensures all workers have access to workplace pensions.

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17
Q

What are the three types of worker categorization under the Pensions Act 2008?

A
  • Eligible jobholder
  • Non-eligible jobholder
  • Entitled worker

Worker rights and employer duties depend on these categories.

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18
Q

What are the employer’s duties for an eligible jobholder?

A
  • Automatically enroll them in a qualifying scheme
  • Continue making minimum employer contributions
  • Process opt-out notices
  • Automatically re-enroll every three years
  • Keep records of the automatic enrolment process

These duties ensure eligible jobholders receive their pension benefits.

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19
Q

What are the minimum contribution requirements for an automatically enrolled eligible jobholder?

A
  • Employer minimum contribution: 3%
  • Total minimum contribution: 8%

Employers must meet these contribution levels to comply with regulations.

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20
Q

Fill in the blank: Qualifying earnings for pension contributions include salary, wages, overtime, commission, and _______.

A

bonuses.

These earnings are used to calculate pension contributions.

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21
Q

What is the maximum overall benefits amount for a PPF trivial commutation lump sum?

A

£30,000.

This applies to members who have reached the minimum pension age and are under 75.

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22
Q

What is the minimum percentage of earnings that must be pensionable?

A

At least 3% of earnings.

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23
Q

What defines ‘pensionable pay’ in Sets 1 and 2?

A

Defined by the employer with Set 1’s minimum being basic pay.

24
Q

Under what conditions must Set 1 be used?

A

When the average is less than 85%.

25
What can a jobholder do if they wish to contribute at a lower rate than required by legislation?
Opt-out or contribute at a lower rate as allowed by scheme rules.
26
Who has the right to opt in to a pension scheme?
Non-eligible jobholders.
27
What does 'opting out' of a pension scheme imply?
Active membership is undone, as if the worker had never been a member.
28
What must happen before a jobholder opts out of pension scheme membership?
They must have become an active member and received enrolment information.
29
What is the 'opt-out period'?
One month from the later of active membership being achieved or receiving enrolment information.
30
What happens to contributions if a jobholder opts out?
Membership is undone and any contributions deducted must be refunded.
31
How often must employers automatically re-enrol jobholders who opted out?
At least every three years.
32
What is the National Employment Savings Trust (NEST)?
A workplace pension scheme set up by the UK Government.
33
What type of organisation runs The People’s Pension?
A not-for-profit organisation providing pensions for various sectors.
34
What are the charges for NEST?
0.3% a year plus 1.8% on contributions made.
35
What is the management charge for The People’s Pension?
0.5% with an annual charge of £4.50.
36
What is the significance of the Matrimonial Causes Act 1973 in relation to pensions?
It allows for the value of pension rights to be claimed in divorce proceedings.
37
What is 'offsetting' in the context of pensions and divorce?
The value of the pension is offset against other marital assets.
38
What is used to establish the gross value of a member's benefits in defined benefit schemes?
The cash equivalent transfer value.
39
What are the two types of earmarking orders?
* Earmarked periodic payment orders * Earmarked lump-sum orders
40
In pension sharing, what is the split of benefits expressed as?
A percentage of the member’s fund or in terms of benefits to be received.
41
What is the role of a Pension Credit?
Benefits awarded to the ex-spouse.
42
What does the Age Discrimination Directive cover?
It makes it unlawful to discriminate against employees because of their age.
43
What must employers demonstrate for age discrimination to be considered lawful?
That it can be objectively justified.
44
How does paid parental leave affect pensionable service in defined benefit schemes?
Any paid period counts as pensionable service.
45
What must an employer do during a paid period of parental leave in defined contribution schemes?
Continue contributions based on the employee’s pensionable earnings before leave.
46
What does the Financial Services and Markets Act (FSMA) 2000 state about occupational pension schemes?
They are not classed as investments, but fund management is regulated.
47
What happens to pension assets in the event of bankruptcy?
Pensions are excluded from the bankrupt's estate.
48
What is a Trustee in Bankruptcy (TIB) responsible for?
Administering the bankrupt's estate to repay creditors.
49
What is the definition of property in bankruptcy law?
It is wide but excludes essential work-related items and basic needs.
50
What is the treatment of previously contracted out defined benefit scheme benefits in bankruptcy?
GMP is excluded from the estate.
51
What type of pension schemes do not require offering a transfer value to the ex-spouse?
Unfunded defined benefit schemes.
52
What is the key difference between a pension credit and a pension debit?
Pension credit is awarded to the ex-spouse, while pension debit is the value deducted from the member.
53
What type of discrimination occurs when a worker is treated less favorably due to age?
Direct discrimination.
54
What must be considered when calculating the loss of pension benefits for an ex-spouse?
The cost of buying the benefits accrued to date.
55
What are the key components of the treatment of pension elements in bankruptcy?
* Previously contracted out defined benefit scheme * Contracted in defined benefit scheme/defined contribution scheme * State benefits
56