OECD Review of Pensions in Ireland

At a recent consultation forum in Farmleigh House, the OECD presented the first part of their review of pension policy in Ireland. The presentation, which focused on the initial stage of the review; assessment and evaluation, was presented by John Martin and Ed Whitehouse. ITC's Managing Director Aidan McLoughlin attended the forum and over the coming weeks we will bring you some of the main points discussed. 

As mentioned, the initial stage of the review is the assessment and evaluation stage. The second stage which will presented at the end of the year will see recommendations from the OECD.

The OECD set out a three-pronged strategy for achieving both adequacy and sustainability:

• longer working lives
• greater private-pension savings
• better targeting of public retirement- income provision on those most in need

They ask how does Ireland's policy stance measure up against key criteria?

A key test was the performance of the Social Insurance Fund. This is where PRSI contributions are paid and which will ultimately provide contributors with Social Welfare pensions. Its ability to do this depends on its solvency. As the following slide illustrates the view of 2010 (as projected in 2007) and the actual outcome is radically different – a 30% deficit has now materialised. This fundamentally challenges the ability of the State to continue to deliver Social Welfare pensions at current levels. Those relying on the State for a significant portion of their retirement income should think again.

Over the coming weeks we will discuss the steps taken to resolve this significant deficit and see overseas comparisons in relation to pension provision. 

Source: OECD Review of Pensions in Ireland, 14.09.2012. John Martin, Edward Whitehouse, Anna D'Addio, Andrew Reilly. 

Dáil Drawdown - Early release of pension funds

In another instalment of Dáil Drawdown, early release of pension funds is discussed. Let us know what you think of Deputy Patrick O' Donovan's proposal. 

Deputy Michael Noonan went on to say:

"A number of proposals have been made that individuals should be allowed access to their pension savings prior to retirement. Various rationales have been advanced to justify these proposals, including that such access would allow those individuals to pay down mortgage and other debt and would otherwise provide a boost to economic activity.

This is not a simple matter. During 2011, at the request of the Government’s Economic Management Council (EMC), an ad-hoc group was established under the chairmanship of the Department of Social Protection to consider the idea of allowing people to access their pension savings before pension age in order to assist them in paying down debt. The ad-hoc group presented a detailed report to the EMC in September 2011. The conclusions of the Aa-hoc Group report were that:

Ø There is no evidence that, in general, the group likely to be most affected by mortgage debt (or other debt) has access to sufficient pension savings to make a difference to their situation.

Ø The legislative and administrative implications for such a scheme would be extremely complex and would appear excessive given the overall impact.

Ø Longer term difficulties whereby people are not making adequate provision for their retirement would be exacerbated, with potential for increased demands on the State.

Ø Individuals cashing in their pension savings now would get poor value in current circumstances which they would struggle to replace in the future.

The “Keane Group” on mortgage arrears did not dispute these findings and early access to pension savings did not feature among the recommendations of that Group. A more general scheme of early access to pension savings would present significant problems in terms of the proper targeting of the use of accessed funds and controls over potential abuse.

The tax treatment of pension savings for which I have responsibility is only one aspect of the broad policy of encouraging people to provide for an adequate income in retirement beyond the basic State pension. This policy area is the responsibility of my colleague, Ms Joan Burton TD, Minister for Social Protection, who I know is also aware of the proposals being made for early access to pension savings. The OECD is currently carrying out an independent review of long term pension policy in Ireland on behalf of the Minister for Social Protection. I have been advised, in response to a request from me in this matter, that the terms of reference of the independent review are such as to facilitate consideration of the issue of early access to pension savings and I would expect that the OECD review would deal with this issue".

Who is your scheme administrator?

With the increasing number of complaints being made to the Pensions Ombudsman, it is worth noting some of the decisions published by his equivalent in the UK. One recent decision which made me stop for a moment, was the decision by the UK Ombudsman in the determination of a complaint by a Mr Middleton (80448/1) where it was held that a financial adviser who takes on administrative duties relating to a pension fund transfer comes within the Pensions Ombudsman's jurisdiction as an "administrator" concerned with the administration of an occupational pension scheme. This is the case even if the adviser does not consider that it was appointed or paid to provide such services, and regardless of whether such actions might contravene regulatory rules. The Middleton case was taken as a result of a loss caused by a delay by Mr Middleton’s financial advisor to act on a set of instructions. The advisor took six weeks to request a fund discharge form from a life company. Secondly, it did not pursue the life company quickly enough when the forms were lost. Thirdly, it mistakenly advised Mr Middleton that the transfer value could not be lower than the last available figure provided.

It was held that the advisor had a duty to "carry out these administrative tasks efficiently and on a timely basis" but that the advisor had instead been responsible for several delays and mistakes amounting to maladministration.

So how would such a case pan out in Ireland? The Pensions Ombudsman's jurisdiction is governed by:

·         The Pensions Act 1990-2012 (the “Act”)

·         The Pensions Ombudsman Regulations 2003 (the “Regulations”)

The Ombudsman has jurisdiction to investigate specified complaints against or disputes with persons responsible for the management of an occupational pension scheme (scheme) or Personal Retirement Savings Account (PRSA). Under s131 of the Pensions Act the Ombudsman may investigate a complaint relating to maladministration “done by or on behalf of a person responsible for the management of that scheme.”

Section 126 (3) and (4) of the Regulations specify those who are deemed to be responsible for the management of a scheme or PRSA. Article 3 of the Regulations extends the category of person deemed to be responsible to include the administrator of a scheme or PRSA to the following:

1.  any person providing a service in relation to the administration of a scheme or a trust rac;

2.  any person to whom the performance of the duties of trustees of a scheme or a trust rac under section 59 (1) or (2) of the Act has been delegated;

3.  any person who is the administrator of the scheme or trust rac for the purposes of section 770(1) of the Taxes Consolidation Act 1997; or

4.  any person to whom the application or interpretation of the rules of a scheme or trust rac has been delegated in accordance with those rules.

While it is often clearer, in the case of non-insured arrangements, who the administrator (s) is, it is not so clear when it comes to the establishment of a pension arrangement by a life company where the paperwork usually appoints the employer company as the scheme administrator.

But when issues arise, I have no doubt the employer company would consider the adviser and the pension provider as the administrator. This issue is only now coming to the attention of the Ombudsman, and indeed the Irish courts, and I am sure some interesting cases will be issued over the next couple of years due to the fact that the legislation detailed allows the definition of an administrator to be widely construed.

Paul Gilmer

Solicitor

ITC Consulting

Register now! Only 30 spaces left for upcoming Knowledge Forum

Our upcoming Knowledge Forum 'Faster, Higher, Stronger' is filling up quickly, register  today and don't miss out!  

The event will begin with a presentation on up and coming developments within the pensions industry from ITC Managing Director Aidan McLoughlin. We are also delighted to welcome Irish Olympic Performance Psychologist Gerry Hussey back to ITC where he will share his most recent experience from the London Olympics and advise us how we can perform at our best.

Faster, Higher, Stronger - CPD Event

12^th September 2012 08.30am 

Webinar or In House Attendance

To register for the webinar click on the button below which will take you to the registration window, alternatively if you would like to attend in person in our office on Harmony Row e-mail JustAsk@independent-trustee.com. Spaces for in house attendance are limited.

An application for 1.5 hours of CPD will be made closer to the date. CPD certificates will be circulated after the event.

Register now and make sure you don't miss out!

5 Reasons to recommend ITC

Independent Trustee Company are delighted to announce that we have been shortlisted for 5 Irish Pension Awards. The awards which will take place on 21st November 2012 aim to give recognition to pension funds and providers who have proved their excellence, professionalism and dedication to maintaining high standards of Irish pension provision. The categories that we have been shortlisted for can be seen below.

You can find out more information on the awards here.

Generation Y Not

Retirement is too far off and I prefer to enjoy my money now. Sound like what you would expect to hear from a twenty something today? Well it’s not far off! In a recent survey commissioned by ITC, retirement being too far off was found to be the main factor for the reluctance to invest in a pension amongst Generation Y.

Described as the ‘here and now’ generation, it seems that Generation Y view retirement planning as somewhat of an afterthought. In a time when staying with your current employer for longer than three years seems like a lifetime, joining a company pension plan is probably not a top priority for most. But how sustainable is this and what does it mean for the future of this generation? Do they hope to rely on the state pension, currently valued at €12,000 per annum or have they even thought about it? Growing up in an era of prosperity yet arriving at a destination of economic turmoil, are many simply avoiding their financial responsibilities?

Is the issue the challenge of engagement or has the industry simply not tried? Generation Y are seen as the hardest generation to reach, not surprising given the media rich environment that they have grown up in. As an industry, is it our duty to highlight the issue in a way that will force this young population to stand up and pay attention? By 2025 Generation Y will make up 75% of the world’s workforce. This is a scary statistic when you fast forward to retirement time.

Are the consequences of enjoying money now to be realised too late for Generation Y? Not if we adapt our strategies to suit their needs. An on the go generation that demand convenience and accessibility, a pension plan to suit Generations Y’s lifestyle is lacking within the marketplace. But what would the ideal pension product for this demographic look like? It must start with ease of access, the option of early drawdown and bundled solutions that will allow for planning opportunities. We are in need of a product that will work in harmony with the lifestyle choices of the individual.

The dramatic change in how consumers of this generation engage with products demands that we adapt our strategies in order to stay relevant. The product has to be right but indeed so does the message. Pensions need to be marketed in a way that is relatable; relating the cost back to real life terms and demonstrating the consequences of not making retirement provisions.

There is an exciting opportunity here if it is executed in the right way.

Melanie Farrell

Independent Trustee Company

Dáil Drawdown - NPRF

In this installment of Dáil Drawdown, Deputy Michael McGrath asks the Minister for Finance for more information on the National Pensions Reserve Fund.

Source:www.oireachtas.ie

Dáil Drawdown - Drawdown of Pension Funds

Source: www.oireachtas.ie

A third of workers plan to rely solely on a state pension

In a recent survey conducted by Amarach Research, it was found that a third of workers plan to rely solely on a state pension, the Irish Independent reported today.

The state pension currently stands at just under €12,000 per annum which is about one third of the average wage (€35,849, CSO 2011). These figures mean that many people will find it almost impossible to keep up their current standard of living if they rely solely on the state. In a recent report by the IAPF it was found that there was a large gap between what people expect from the state pension and what they will receive in reality. This gap is likely to get wider.

The survey, conducted with 1,000 adults shows that only 4 out of 10 people plan to use a combination of the state pension and private retirement income. It was also found that three-quarters of people do not know how much they are paying in annual pension charges and just one in 10 shop around for pension products (Independent.ie).

The importance of private pension provision is unquestionable, relying solely on the state pension will not ensure long term financial security for most.

You can read the full article here.


Melanie Farrell
Independent Trustee Company

A diamond is forever, but what about your pension?

Any employers who are currently acting as trustee on their group pension scheme and are querying the value of appointing an independent trustee may be interested in reading the article by Tim Healy in the Independent - Ex- De Beers pension fund members are owed €50m, court hears.

This case outlines very clearly the inherent conflict of the employer trustee, particularly in a wind up situation. One of the main duties of a trustee is to act in the members best interest. It can be very difficult for a member trustee, who is employed by the company, or a company trustee who has an allegiance to the employer to separate out these roles and only act with only the members interest in mind. As can be seen in this case to do otherwise can leave the trustees open to legal action by the members. The members claim in this case is thought to be valued at €40-50 million. By appointing an independent trustee you can avoid this potential conflict.

Niamh Quirke

Technical Associate

Independent Trustee Limited

Dáil Drawdown

Dáil Drawdown is a new edition to our blog and brings you recent pension news straight from the Dáil Chamber. Here is our first installment.

Source: www.oireachtas.ie

We asked a 1000 people…

As an industry we know that:

• the current ratio of people working versus those in retirement will half over the next two decades,
• the pending pension burden is unlikely to be absorbed by the state,
• approximately 50% of people working in Ireland do not have a pension and
• life and pension sales according to the IIF (Irish Insurance Federation) 2012 annual report has fallen to “barely 40% of their 2007 peak”.

Unsurprisingly, pensions coverage is being debated ad nausem by the entire pensions industry. However, amongst all the various discussion, debates and column inches the view of the Irish public is often overlooked.

As a result of this, Independent Trustee Company commissioned a RED C survey to investigate why people are reluctant to invest in pensions. We surveyed over 1000 people with some interesting results;

Findings

• Whilst affordability is an issue, it is not the overriding problem, poor performance and access are also a major cause of concern.
• ‘A fear of losing money’ and ‘affordability’ were found to be the main concerns for female respondents.
• Male respondents were more likely to mention ‘retirement being too far off ‘ and ‘an overall lack of trust’ than their female counterparts.
• Middle-aged respondents were most likely to mention ‘a fear of losing some or all of the money’.
• ‘Affordability’ was most likely to be mentioned by people aged 35-54 years.
• Those over 65 years of age; and younger adults were most likely to say that ‘pensions are too complicated’.

We are still digesting these results but it is clear that the lack of pension investment cannot be dismissed as a problem caused by “the economy”. We believe these results have highlighted the need for transparent and secure pension products. Some industry “experts” would lead you to believe that we need to educate the public; this is rubbish, the industry needs to provide people with a product that is designed with them as the consumer in mind and not the other way around!

Michael Keyes

Sales & Marketing Director

How a Rolls Royce benefit has become a "clapped out banger”

The quickening end to Defined Benefit Pension Arrangements

New statutory requirements relating to funding defined benefit schemes have recently become law with the coming into force on 1st May of the Social Welfare and Pensions Act 2012. The new rules set down will inevitably lead to an increase in the wind-up of defined benefit pension structures. This is due, among other things, to the new requirement for a “risk reserve” (additional funding) to be set aside to act as a buffer against further economic turmoil. These new measures are of course going to add further pressure on company balance sheets and indeed we have already seen in the past week AIB and Independent News and Media announce their intention to shut down their company defined benefit schemes.

Defined Benefit schemes have long been considered the Rolls Royce of pension structures offering a guaranteed pension for life based on an employee’s final salary. However, in recent years these pension schemes have been under severe pressure due to volatile asset values and increasing liabilities which have been caused by bad investment performance, low German bond yields and increasing life expectancy. These issues coupled with a difficult business environment, increasing taxation and regulation, and a poor economic outlook have caused employers to consider restructuring their company pension arrangements. The new funding rules introduced by the Social Welfare and Pensions Act 2012 will now force employers to make decisions (as early as this December) they had been hoping to avoid with such decisions having an immediate impact on company employees.

Take an employee who has been a member of her company’s defined benefit pension for the past fourteen years. She has been contributing 6% of her gross salary every year of her employment with a matching contribution by the employer, but is still sixteen years from her retirement age. Unbeknownst to her, much of the contributions she has being paying in to the scheme have been used to pay the pensions of the retiring employees of her company. Over the past 14 years, she and her employer have each contributed approximately €42,000 to the scheme and she believed that she had amassed a fund of €84,000+ allowing for investment growth and charges. Her company have now decided to wind up the defined benefit scheme and transfer her benefits to a defined contribution arrangement. It is at this point she realises that not only does she have less in her pension than she originally thought she actually has less than her own contributions. One of the main reasons for this is the legislation governing defined benefits pensions require the scheme trustees to give 100% priority to retired members so some of the money she thought she was saving for herself actually went to people she’s probably never met (unless she attends the company’s annual retirement do). In essence her Rolls Royce benefit has become a clapped out banger.

So what are a member employees options now and what can they expect from their employer? All employers are required by law to ensure their company employees have some access to a pension arrangement so it cannot be a case of walking away from responsibilities. Companies will have to consider restructuring their pension offering which will involve establishing some type of defined contribution structure. Employers and employees are increasingly looking at other pension arrangement options such as one member pension trusts or Personal Retirement Saving Accounts (PRSAs) to avoid the risks of underfunding and to bring some sense of equity, fairness and transparency to their pension provision which they do not perceive as being possible under the defined benefit structure. These structures also allow an individual and employer to control the cost of pension provision.

The realisation that defined benefit is not a guarantee of benefits at retirement will be an unwelcome message for most employees, but it is better they know now rather than at the point of retirement when their options are restricted. The financial implications of such changes to their pension arrangements will be specific to each employee. Some of the differences include different methods of calculating tax free cash lump sums, making individual investment decisions if the employee wants to and decisions on what can be done with their retirement fund at retirement, such as reinvesting in an Approved Retirement Fund (ARF) or deciding when or what type of pension to buy.

The access to the ARF regime after retirement has been significantly widened recently for members of defined contribution pension arrangements. The ARF option allows someone who has retired to pass a capital sum to his or her family after their death. However, this option is not available to retired members of defined benefit schemes.  After retirement, the majority of members of defined benefit schemes are limited to taking an annuity which can prove to be expensive and inefficient for estate planning purposes. 

The switch of decision making and responsibility for funding to provide sufficient benefits for employers to employees has been occurring gradually, but the new funding rules for defined benefit pensions under the Social Welfare and Pensions Act will accelerate the change. This presents an opportunity to create flexible pension arrangements that will allow employers and employees fund for their retirement while giving control of how these are funded and drawn down to the employee.

Paul Gilmer
Solicitor
ITC Consulting

Aidan McLoughlin discusses upcoming regulation and future changes in the Irish Pension Market at EPI Summit

Aidan McLoughlin, Managing Director of Independent Trustee Company recently attended the European Pension and Investment Summit in the Netherlands. As a delegate at the event, Aidan was asked his opinion on upcoming regulation, the European approach to structuring pensions and future changes in the Irish pension market. You can view the full interview by clicking on the image below.

Independent Trustee Company

NEST: Protecting their young?

The UK government is making changes to encourage people to save for retirement. The Pensions Act 2008 introduced new duties on employers to provide access to a workplace pension scheme. All employees will be automatically enrolled into an occupational pension (unless they opt out) and where employers do not already have a scheme, people’s money will be invested in NEST. NEST (National Employment Savings Trust) will be a universal, defined contribution scheme, accumulating a fund during a workers life to purchase an annuity on retirement.  It is due to commence in October 2012.

Much scrutiny has been given to the investment choices that NEST will make available to their members. When it comes to the funds that NEST invests their members in in the early years this differs substantially to what is typically used in standard Defined Contribution Lifestyle funds in Ireland. 

NEST carried out extensive research and consultation and as a result they found that when it comes to younger members- those under 30- that they’re especially sensitive to volatility and loss and are most likely to act adversely in the face of such volatility.  NEST will invest younger members- in their 20’s - initially in funds that will target investment returns that look to match inflation after all charges have been taken out.  The next phase where members will spend the majority of their time circa 30 years, will target returns of inflation plus 3% after charges, the final stage is designed to manage the risk of shocks closer to retirement.

Niamh Quirke

Independent Trustee Limited

The Pensions Board publishes funding rules for defined benefit pension schemes

Yesterday, the Pensions Board published revised rules for defined benefit schemes and announced the deadlines by which trustees must submit funding proposals to the Board to deal with scheme deficits.

The full Press Release on the revised rules can be found on the Pensions Board website.