New Code for Incentive Exercises

June 14, 2012

A working party of individuals from across the pensions industry, including representatives of the Department for Work and Pensions, has published a code to govern the way that pension incentive exercises are run.  Such exercises may constitute the offer of enhanced transfer values, generally to deferred members, or the offer of a pension increase exchange, under which a member exchanges non-statutory pension increases for a higher, non-increasing pension.  The code’s aim is to increase the level of protection available to members who are offered an incentive to change or transfer their pension rights and to eliminate the poor practices that have been followed in some such exercises in the past.

Inevitably, there were some areas on which agreement could not be reached by such a diverse group of individuals as comprised the working party, so an element of compromise was necessary.  The resulting code identifies 7 principles which all incentive exercises should follow in future and these are set out below.

  • No cash incentives should be offered that are contingent on the member accepting the offer.
  • For transfer exercises advice should be provided to the member.  For modification exercises either advice should be provided or a value requirement should be satisfied.
  • Communication with members should be fair, clear, unbiassed and straightforward.
  • An audit trail should be maintained for future reference and, when providing advice, the Member Adviser should record and report to the other parties on members who act contrary to his advice.
  • Members should be given sufficient time to reach a decision with no undue pressure applied.
  • Incentive exercises should include members over age 80 only on an “opt-in” basis and Member Adivsers should take account of special treatment that may be needed by those who are vulnerable (through age, health or understanding etc) when providing advice.
  • All parties should ensure that they are aware of their roles and responsibilities and act in good faith in the areas where they have direct control.

In the light of the new code, the Pensions Regulator has reviewed its existing guidance on incentive exercises and replaced it with a short principles-based statement on incentive exercises.  The “short” statement still runs to 6 pages but focusses more on trustees’ role and the Regulator’s role.  Its starting point remains that trustees should regard incentive exercises as not being in members’ interests.

Other news

The Chancellor’s Mansion House speech – and associated consultations

In a speech at Mansion House on 10 July, the Chancellor Jeremy Hunt set out a comprehensive set of initiatives intended to boost pension savings and investment in British businesses. He said the ‘Mansion House Reforms’ could increase the average savers’ pension pot by around £16,000, or 12%, with the aim of increasing investment in […]

TPR Annual Funding Statement 2023

Summary The Pensions Regulator has published its annual funding statement, providing guidance for those pension schemes whose actuarial valuation dates fall between 22 September 2022 and 21 September 2023 (“tranche 18”), although it should be of interest to other schemes as well. TPR suggests that most schemes will have improved funding levels, as a result […]

Further Regulator guidance on Liability-driven Investment (LDI)

TPR has published updated guidance setting out practical steps trustees can take to manage risks when using leveraged LDI. Overview TPR acknowledges that LDI is useful for reducing the risk to a scheme’s funding level from falls in long-term interest rates and/or rises in the market’s inflation expectations. LDI can be leveraged or unleveraged; the […]

Review of divorce law

The Ministry of Justice has asked the Law Commission of England and Wales to conduct a review of the laws that determine how finances are divided on divorce or on dissolution of a civil partnership. The review will look at financial remedy orders, which are a key part of the proceedings surrounding a divorce or […]

Spring Budget 2023

The Chancellor surprised the industry on 15 March, when he announced that the Lifetime Allowance (LTA) would be scrapped.  The LTA stands currently at £1.073 million and anyone crystallising benefits in excess of this (and who does not have one of the many protections available) is liable to a LTA charge.  The charge is 25% […]