Practice Quesitons Flashcards
Pension transfer suitability requirements
- Must be in writing
- Must assess advantages and disadvantages of transferring
- Must take into account other material information
- Include analysis of financial implications
Three steps for advising insistent clients
- Follow normal advice process
- If the client insists on acting against the advice of the adviser, reaffirm the implications of doing so
- Include a clear statement that the client is acting against the advice of the firm
How is CETV is calculated?
- Pension at date of leaving (determined by accrual rate, salary and years of service). Revalued as per scheme rules (RPI/CPI/NAE)
- Pension at date of NPA. Capitalised using annuity rate assumptions
- Capitalised value of pension. Discounted at appropriate rate, given amount of time to NPA
- ICE. Adjusted for underfunding/discretionary increases
- CETV
Differing assumptions for CETV and TVAS
CETV assumption are set by the scheme. TVAS assumptions are set by the FCA.
Assumptions: annuity rates, inflation and NAE
What is an employer covenant? Why would it lead to an unreduced CETV?
Employer’s legal obligation and financial ability to support its scheme.
- reduce/eliminate risk
- maintain funding on a long term basis
- give trustees confidence in future funding
- no need to reduce CETV as remaining/existing members will not be disadvantaged
Features of EPP
- might have protected tax free cash. Benefits can be lost unless part of block transfer
- some contracts include GAR
- typically set up for one person
Steps a client must take if they want to transfer to access flexibly
It benefits are safeguarded and the transfer value is more than £30k, the member will have to provide evidence to the trustees that he has received independent advice from a firm that has appropriate regulatory permissions.
Timeline for statutory transfers over £30k
Day 1: member requests statement of entitlement.
1 month: within 1 month the scheme must inform the member of the requirement to seek independent financial advice
3 months: guarantee date
3 months and 10 days: within 10 days of guarantee date the trustees must provide the statement of entitlement and inform member of deadline to provide evidence of advice
6 months: deadline to apply for transfer in writing
6 months and ten days: within 3 months and 10 days of guarantee date, deadline to provide evidence of advice.
9 months: within 6 months of guarantee date, and with evidence of advice, trustees make transfer.
APTA Process
Firm must do APTA prior to giving recommendation. Must include TVC.
No need for APTA if only guarantee is GAR.
Step 1: assess benefits likely to be paid and options available under ceding scheme
Step 2: compare results from step 1 with benefits and options of proposed scheme
- COBS to illustrate income likely to be paid from ceding scheme
- Tax implications
- Implications on state benefits
- Comparison: likely pattern of income
- Comparison: consistent
- Plan for reasonable period beyond life expectancy
- Income needs
- Prioritisation of objectives
- Charges
- TVC
Describe the TVC
- mandatory element of APTA
- based on ‘risk free’ return of gilts, in order to compare ‘risk free’ income from DB
- 0.75% product charge, 4% annuity charge on purchase
- y axis: cash
- x axis: CETV and estimated cost of equivalent benefit from an insurer
Explain triage services
- Giving facts about safeguarded and flexible benefits
- Explaining the requirement for advice and cost of advice
- Describing how safeguarded benefits would be suitable for general groups of people
- Explaining a CETV
List BCE events and how they’re valued
BCE 1: age 75 - amount of unused funds
BCE 2: scheme pension - 20 x income
BCE 3: excessive increase to scheme pension - 20 x increase
BCE 4: lifetime annuity purchase - purchase price
BCE 5: DB age 75 - 20 x income plus lump sum
BCE 5B: age 75 - unused funds
BCE 5C: death benefits in FAD before 75 - fund value
BCE 5D: death benefit for lifetime annuity before 75 - purchase price
BCE 6: lump sum - amount of lump
BCE 7: lump sum death - amount of lump
BCE 8: overseas transfer - amount of transfer
BCE 9: adhoc payment - amount of payment
Benefits and drawbacks of a defined benefit pension
Benefits
- Income
- Guaranteed and paid for life
- PPF protection
- Income will increase at least at statutory minimum - Death benefits
- Benefits can be paid to beneficiary
- If remaining instalments are less than £30k a they may be able to commute
- Dependent’s pension may be payable (typically 50%) - LTA - the following are not BCEs
- Payment of dependent’s scheme pension
- Payment of income in guarantee period
- Payment of pension protection lump sum - General
- Easy to understand
- No need for ongoing reviews (less costly)
- Doesn’t trigger MPAA
- No exposure to longevity, investment or sequencing risk
Drawbacks
- Income
- Once in payment, income cannot be varied
- If scheme enters PPF, benefits may be reduced or rate of escalation may be lower
- If member dies, income may cease - Death benefits
- Max guarantee period is 10 years
- Dependents pension always taxed at PAYE
- Scheme rules may be narrow about ‘dependent’
- Income paid to dependent may cease prior to death - LTA
- Further LTA tests can occur in payment (BCE 3) - General
- Inflexible
- Cannot pass through generations
- No ability to invest funds
Benefits and drawbacks of a lifetime annuity
Benefits:
- Income
- Secure and guaranteed for life
- 100% FSCS protection, no upper limit
- Can provide inflation protection - Death Benefits
- Remaining instalments under guarantee can be paid to anyone
- If remaining instalments are under £30k, can be commuted
- Level of protection can be selected - LTA
- On death of a member there is no test against survivor’s LTA - General
- Easy to understand
- No need for ongoing reviews so less costly
- Payment doesn’t trigger MPAA
- No exposure to investment, longevity, sequencing risk
Drawbacks:
- Income
- Once in payment, usually cannot be varied
- When member dies, payment will end (unless guaranteed) - Death Benefits
- Guarantees limited by cost
- Taxed as PAYE
- If beneficiary dies before member, wont be payable - LTA
- Value tested against LTA on purchase price (may be higher than DB equivalent) - General
- Inflexible
- Limited ability to pass through generations
- No ability to invest
- Cannot benefit from ill health increase if health worsens
- New spouse may not be paid
Benefits and drawbacks of flexible options
Benefits:
- Income
- Full flexibility
- Full PCLS can be taken at outset
- PCLS can be taken flexibly to help with tax planning - Death Benefits
- Member can nominate anyone to receive death benefits
- Beneficiaries can choose how to take benefits
- Can pass down generations
- Where member dies before 75 death benefits are paid tax free - LTA
- When member dies under 75 with crystallised funds, no BCE will occur
- When member dies after 75 with uncrystallised funds or funds in FAD, no BCE will apply - General
- Taking PCLS doesn’t trigger MPAA
- Ability to invest funds
- Outside estate for IHT purposes
- Flexibility
Drawbacks:
- Income
- All payment in excess of PCLS triggers PAYE
- Client takes longevity risk and possibility funds will run out - Death Benefits:
- Any UFPLS not spent will be in member’s estate for IHT
- After 75 or outside of 2 year window will be taxed at marginal rate
- Also applies to subsequent beneficiary
- If death benefits are taken as lump sum, will be in beneficiaries estate - LTA
- Where member dies under 75, there will be a BCE event - General
- Taking a flexible payment will trigger MPAA
- Investment/sequencing/longevity risk
- Cost (ongoing reviews)
Definitions of:
- Dependent
- Nominee
- Successor
- 2 year window
- Dependent:
- Widow/civil partner at time of death
- Child of member under 23 at date of death
- Child of member who was dependent on member due to mental/physical impairment
- Person who was, in the opinion of the scheme, financially dependent, on the member - Nominee
- Individual nominated by the member to receive benefits from the member’s pension plan upon death.
- If the member doesn’t make a nomination, the administrator can on member’s behalf - Successor
- Nominated by member to receive death benefits from flexi-access drawdown on death
- If no one is nominated, the administrator can on member’s behalf - Two year window
- Two year period starting from the day in which the scheme administrator first knew of the member’s death
List the transitional protections
- Primary protection (PP)
- Enhanced Protection (EP)
- Fixed Protection 2012 (FP12)
- Fixed Protection 2014 (FP14)
- Individual Protection 2014 (IP14)
- Fixed Protection 2016 (FP16)
- Individual Protection (IP16)
Primary Protection
Min value to qualify: more than £1.5m April 2016
Level of protection: PP factor multiplied bye underpinned LTA of £1.8m
Contributions permitted: Yes
Restrictions: N/A
Lose protection of DB transfer: No
Enhanced protection
Min value to qualify: No minimum Level of protection: No LTA Contributions permitted: No Restrictions: N/A Lose protection of DB transfer: enhanced protection is lose if 'relevant benefit accrual occurs'. If a member with enhanced protection elects to transfer benefits from a DB scheme to an MP scheme they may lose protection
Fixed Protection 2012
Min value to qualify: No minimum Level of protection: £1.8m Contributions permitted: No Restrictions: Cannot hold if either PP or EP held Lose protection of DB transfer: No
Fixed Protection 2014
Min value to qualify: No minimum Level of protection: £1.5m Contributions permitted: No Restrictions: Cannot hold if PP, EP, FP12 held Lose protection of DB transfer: No
Individual Protection 2014
Min value to qualify: £1.25m as at April 2014
Level of protection: value of pension as at April 2014, subject to £1.5m cap
Contributions permitted: Yes
Restrictions: Cannot hold PP
Lose protection of DB transfer: No
Fixed Protection 2016
Min value to qualify: no minimum Level of protection: £1.25m Contributions permitted: No Restrictions: Cannot hold with PP, EP, FP12 or FP14 Lose protection of DB transfer: No
Individual Protection 2016
Min value to qualify: £1m as at April 2016
Level of protection: value of pension as at April 2016, subject to £1.25m cap
Contributions permitted: Yes
Restrictions: Cannot hold PP
Lose protection of DB transfer: No
Retirement Annuity Contracts (RACs)
- Not possible to set up new contracts since 1988.
- Those with existing contracts can continue contributions
- Were available to self-employed who did not have employer schemes
- Member had option to take a tax-free cash lump sum of 3 x initial annuity. Now it is 25% PCLS
- Death benefits can be restrictive (e.g. return of contributions)
- Many RACs include GARs
Executive Pension Plans (EPP)
- Occupational money purchase scheme typically set up for one person
- If set up prior to 2006 then it may be possible to take 100% fund as PCLS
- Where available tax free cash exceeded 25% of the funds value at A Day then this higher percentage is automatically protected
- Some contracts include GARs
Section 32 Buy-out
- Individual money purchase contracts used to hold benefits transferred out of a DB scheme as they allow preservation of GMP benefits
- Can include protected tax free cash
- Required to pay out, as a minimum, the GMP at retirement (even if investment performance doesn’t cover the cost)
- GMP valued at fixed rate in deferment (up to 8.5%)
- May not be able to take PCLS
- If GMP cannot be covered, insurance company cannot allow scheme to be transferred
Describe how an increase in the inflation assumption used will impact the cash flow model and potential suitability of a transfer
- Inflation reduces spending power of income and higher income would be needed to be taken from the fund, which may lead to earlier fund depletion
- Higher returns may be needed to sustain fund value which would mean inappropriate levels of risk being taken
- Revaluation/escalation will be increased within DB pension
- The above may make the transfer less suitable
State the key documentation an adviser should retain on file for compliance purposes in respect of an advised pension transfer from a DB scheme
- Fact find
- Suitability report
- TVAS
- Ceding scheme info
- Statement of entitlement
- Supplementary DB transfer questionnaire
- Disclosure documentation
- Recommended plan research
Potential death benefits from a DB
- Dependent’s pension
- Must not be subject to a guarantee period
- Cannot have pension/annuity protection
- Cannot be surrendered (except under pension sharing)
- Cannot provide any further benefit on dependent’s death
- Not commutable (except triviality)
- Where a scheme pension is paid to a child, this must cease at 23 (unless mentally/physically impaired)
- Taxed as PAYE - Guarantee periods
- Can only be guarantee for maximum of 10 years
- Taxable as PAYE
- Non commutable - Pension/annuity protection lump sums
- Maximum lump sum on death is deemed original pension cost, less gross income payments made to the date of death
- Before 75 tax free, after 75 PAYE - Lump sum
- Lump sum paid is assessed against remaining LTA and any excess is charged at 55%
Potential death benefits from a DC
Lump sum death benefits:
- Death before 75, no tax (this will not apply if not made within 2 year window)
- On death after 75, where payment is made directly to beneficiary, it will be taxable as income under PAYE
Potential death benefits from a lifetime annuity
- Survivor’s annuity
- Must not be subject to a guarantee period
- Cannot have pension/annuity protection
- Cannot be surrendered (except under pension sharing)
- Cannot provide any further benefit on dependent’s death
- Not commutable (except triviality) - Guarantee periods
- May be guaranteed for an period at the discretion of the annuity provider and no longer restricted to the previous limit of up to 10 years - Pension/annuity protection lump sums
- Calculated as original annuity purchase price, less the sum of gross income payments made to member (taxable as PAYE if after 75)