Pension switches without safeguarded benefits
The definition of a pension transfer is currently under consultation and this page content will be updated after the consultation ends, read FCA CP19/25 for more information.
A pension switch is a transaction not within the definition of pension transfer, but involves moving pension benefits from one scheme to another scheme, of the same type. For example transferring benefits from a personal pension-type scheme where there are no safeguarded benefits
- Pension switches differ from a pension transfer or pension conversion
- A Transfer Value Comparator is not required for switches between personal pensions
- Cases of switch-related mis-selling have involved unjustified extra costs and loss of benefits, unsuitable investments and inadequate reviews.
- The FSA (now FCA) previously provided advisers with a pension switching template – a checklist of advice - which you can find in their archive
- The reason why a pension switch may be appropriate includes providing flexible options, servicing and cost benefits, and access to investments that match a pension-holders needs
What is a pension switch?
There is a difference between the Financial Conduct Authority (FCA) requirements for advising on a pensions switch, conversion or transfer and HMRC legislative requirements, which are concerned with the actual process of transferring.
This article focuses on the FCA requirements for a pension switch. A pension switch is where a transaction is not within the definition of pension transfer, but involves moving pension benefits from one scheme to another scheme of the same type. For example, where a retail client is transferring benefits from a personal pension or stakeholder pension scheme where there are no safeguarded benefits to another personal pension/stakeholder pension scheme.
How a pension transfer is different from a pension switch
For the avoidance of doubt, where the ceding scheme is one of the following it is regarded as a pension transfer, and would not fall within the definition of a pension switch:
- an occupational pension scheme;
- an individual pension contract providing fixed or guaranteed benefits that replaced similar benefits under a defined benefits pension scheme, or
- in the cancellation rules (COBS 15) a stakeholder, or personal pension scheme
- to require the trustees or manager of a pension scheme to make a transfer payment in respect of any safeguarded benefits with a view to obtaining a right or entitlement to flexible benefits under another pension scheme.
Or if it falls into the following definition it will be regarded as a pension conversion:
- a transaction resulting from a decision of a retail client to require the trustees or managers of a pension scheme to:
- convert safeguarded benefits into different benefits that are flexible benefits under that pension scheme; or
- pay an uncrystallised funds pension lump sum (UFPLS) in respect of any of the safeguarded benefits.
These are not pension switches and if you require details on the above you should refer to the following articles Pension Transfers and Conversions including DB to DC transfer and Transfer to or from a Qualifying Recognised Overseas Pension scheme.
FCA requirements on Pension switching
The focus of the FCA’s requirements is to ensure that individuals, switching their pension arrangements, receive the appropriate level of advice provided by advisers who have sufficient knowledge to ensure the client understands the implications of the proposed action.
All parties involved with these transactions have a duty of care to the client to ensure that clients receive the appropriate advice, as these transactions can have a very significant impact on a client's future financial welfare.
The FCA confirm that a Transfer Value Comparator (TVC) is not required for switches between personal pensions without safeguarded benefits, the adviser is not required to be a Pension Transfer Specialist nor does the adviser require specific transfer permissions.
Pensions switching/transfer review
Around A Day there was a large increase in the amount of pensions business, especially in relation to switching to personal pensions or SIPPs. In 2008 the regulator decided to carry out a thematic review as they believed that there was an increased risk of mis-selling. The review’s report – the Quality of Advice on Pensions switching - was published in December 2008.
The regulator found that the unsuitability of advice fell into 4 main areas:
- unjustified additional costs (79% of unsuitable cases);
- unsuitable investments as not taken account of attitude to risk and individual's circumstances (40% of unsuitable cases);
- inadequate reviews put in place or the importance of regular reviews was not explained (26% of unsuitable cases); and
- unjustified loss of benefits from the transferring scheme (14% of unsuitable cases).
In more detail - advice was considered unsuitable by the regulator if the outcome was the customer switching into one of the following:
- A pension incurring extra product costs without good reason (this outcome involved assessing cases where, for example, the reason for the switch was for investment flexibility, but this was not likely to be used; the reason was fund performance, but there was no evidence the new scheme was likely to be better; or the reason was flexibility of a drawdown option, but there was no evidence that this option was needed).
SIPPs were often recommended even if investment flexibility wasn't wanted or required.
- A pension that was more expensive than a stakeholder pension, but a stakeholder pension would have met the customer's needs.
However, this does not mean that advising a client to take a more expensive pension contract is unsuitable advice but it means that the extra costs must bring extra benefits.
- A more expensive pension in order to consolidate different pension schemes, but where the extra cost was not explained or justified to the customer.
As above, a more expensive pension could be justified but the adviser would have to be able to give a detailed explanation as to why it would benefit the member.
- A new pension and the customer had lost benefits from their ceding pension without these being explained or justified.
If the existing pension scheme has a Guaranteed Annuity Rate (GAR) attached to it, then transferring away from the scheme means they will lose the GAR. GAR’s are a safeguarded benefit and, although the adviser doesn’t need to be a PTS, the FCA require the firm to have transfer permissions to conduct the transfer. A member would need to fully understand the reason why this would be beneficial to them.
- A pension that did not match the customer's attitude to risk and personal circumstances.
Advisers must take into account not only attitude to risk, but also other factors such as length of time to retirement. Strategies such as lifestyling or inclusion of guarantees to coincide with retirement dates helps tailor a plan to the client's specific circumstances.
- A pension where there was the need for ongoing advice, but this had not been explained, or offered, or put in place.
For example - drawdown arrangements should really be reviewed much more frequently, ideally at least annually, to evaluate fund performance and risk.
Why switch a personal pension plan?
There are various reasons why a pension holder might consider switching their pension, including
- Does the current provision provide access to the flexible options that are available following pensions freedom legislation? This would include options at the point the client wishes to access their pension and options in the event of death (NB switching pension products now for a future retirement need may be deemed unsuitable unless there are other drivers for the switch).
- How do the costs of servicing the current pension fund (and future contributions) compare with other plans/provider? Would consolidation on a number of pensions provide positive servicing/cost benefits. What are the costs incurred in transferring the plan?
- Does the current policy provide access to a sufficient range of investments (perhaps including self-investment options) to fulfil the client investment requirements and risk profile? Is a desired investment available within the current plan?
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