Ian Chapman-Curry
Legal Director
PSL legal director
Article
10
The statutory regime covering workplace pensions will be transformed in April 2015. This is the culmination of sweeping reforms to defined contribution (DC) pensions aimed at providing savers with flexible access to their pension savings and changes to the DC governance and charges regime.
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In this third alert in our four-part series on the reforms, our pensions experts examine the impact for the DC governance and charges regime. Our final alert this week will turn to focus on the implications for workplace pension reform.
These reforms focus on how DC schemes are governed, how they will report their compliance with the governance regime, the charges that are borne with members and what members need to be told about these charges.
To help those involved with running DC occupational pension schemes work out, firstly, whether the new charges and governance regime will apply to them and, secondly, whether they will be able to comply or what changes they need to make, we've set out the following key questions to consider.
The new regime will apply to most DC occupational pension schemes. There are exceptions covering certain types of DC schemes (e.g. some small self-administered schemes, single member schemes, executive pension schemes and public service pension schemes).
The government is currently consulting on a technical amendment to clarify the position in relation to DB schemes which only provide DC benefits through AVCs. It is expected that such arrangements will be exempt from the new governance requirements unless the arrangement is also used as a 'default arrangement' (see question 1 in the charges section below) for other members.
There are additional governance requirements that apply to 'relevant multi-employer schemes'. These additional requirements are aimed at ensuring that master trusts have even higher standards of governance, because of the drafting of the legislation, they could apply to other multi-employer schemes in certain circumstances (e.g. if participating employers in a multi-employer scheme are no longer connected to the scheme's principal employer).
If you are unsure as to whether the regime applies to your scheme and would like help, please contact a member of the Pensions team.
A chair is required to sign-off an annual statement confirming compliance with the new governance regime. Most DC occupational pension schemes will already have a chair and they can continue in this role if they want to. Schemes will have three months from 6 April 2015 in which to appoint a chair if they do not already have one.
To be able to produce and sign the annual statement in full compliance with the new regime, the trustees will need to:
The annual statement must be produced within seven months of the end of the scheme year. A transitional measure applies so that, if the period between 6 April 2015 and the end of the scheme year is less than three months, the annual statement can be produced within seven months of the end of the next scheme year. This will cover a longer period than normal (i.e. from 6 April 2015 to the end of the second scheme year).
The DC charges cap will apply to 'default arrangements' of all DC occupational pension schemes (subject to exceptions covering specified types of DC schemes, which include some small self-administered schemes, single member schemes, individual personal pension schemes, executive pension schemes and certain DC defined ambition schemes). The definition of "default arrangement" is wider than you might think. For further details see question two below.
The Government is consulting on a change to the legislation so that the charges cap will only apply to AVCs if the AVC arrangement is also used as a 'default arrangement' for other workers of that employer. Please discuss this with a member of the Pensions team if this applies to your scheme.
Default arrangements are those which:
The first test covers "true" defaults where the member has not made an active choice. The second and third tests are designed to capture schemes using contractual enrolment and pre-automatic enrolment schemes that had member choice but which, in reality, resulted in most members 'choosing' a single arrangement.
An interesting issue arises if a member originally made an active fund choice, but has been "mapped" to a similar fund without expressing a choice. Is their new arrangement a default arrangement? Please let us know if this is relevant to you and you would like advice on this point.
The charges cap is 0.75% of the value of funds under management.
If the 'default arrangement' is a group of funds, a component fund's charge may exceed 0.75% as long as the arrangement's overall charge does not exceed 0.75%.
Costs and charges are not always as clear as a simple percentage and so you are likely to need to take professional advice and test your specific charging structures against the cap.
The charges cap will apply from whichever date is the later of:
It will apply to active members and deferred members whose last contribution was after 5 April 2015 and whose funds are invested in the 'default arrangement'.
If the cap isn't met, the trustees must ensure compliance by:
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