PENSIONS GUIDE 2019/20 - puzzled by pensions?
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introduction Usdaw believes that all of our members have the right to a decent standard of living in retirement. For this we need a fair pensions system where both state and company pensions play a part. We know that to achieve good company pensions we need activists who understand how pensions work so that we can get pensions onto the bargaining agenda and encourage other members to take advantage of their employer’s scheme. This guide aims to explain the different types of pensions available to Usdaw members and how they work and to help you understand the technical terms used by pension schemes. Paddy Lillis Usdaw General Secretary 1
Contents Introduction 1 1. Occupational Pensions 5 Types of pension scheme 5 Defined Benefit (DB) 6 Defined Contribution (DC) 10 Hybrid schemes 17 Ill-health retirement 17 Salary sacrifice 18 Leaving a scheme early 18 Transferring your pension 20 2. State Pensions 23 State Pension reforms 23 Who will receive the new State Pension 23 How much you will get 24 Starting amount from April 2016 25 When you will receive your State Pension 25 Topping up your State Pension 26 Deferring your State Pension 26 Claiming from your spouse/civil partner 27 Pension Credit 28 State Pension increases 28 The Pension Service 28 2
3. Your Pension Rights 31 Auto-enrolment – new pension rights from 2012 31 Tax rules about pensions 33 The Pensions Regulator 36 Trustees 36 Master Trusts 38 What happens if your employer becomes insolvent? 38 Buyouts of pension schemes 41 Transfer incentives 41 Pension Increase Exchanges 42 Consultation on changing or closing a scheme 42 Making a complaint against your pension scheme 43 Your right to information about your pension scheme 46 Pension rights for part-time workers 48 Tracking down a lost pension 48 Divorce 48 Access to impartial guidance 49 Getting financial advice 49 Pension Scammers 52 4. Usdaw and Pensions: What We Do 55 Pensions Awareness Campaign 55 Pensions Online Home Study Course 56 Usdaw Pensions Website 56 Usdaw’s Pensions Team 57 5. Useful Information 59 Useful contacts 59 Pension statistics 60 Disclaimer The content of this publication is intended solely for educational and general information purposes. It does not constitute any form of advice or recommendation by Usdaw and is not intended to be relied upon by users making (or refraining from making) any specific financial or other decisions. Usdaw has used its reasonable endeavours to ensure the information contained in this publication is accurate and error-free. However, Usdaw cannot warrant that the information does not contain inaccuracies or typographical errors. 3
1. occupational pensions Since auto-enrolment was introduced in 2012 all Usdaw members will work for companies which offer a workplace pension scheme for them to join. This section explains the different types of occupational pensions as well as personal pensions. Occupational pensions are set up Types of pension scheme by employers to provide pension benefits for their employees. There are three main types of occupational pension scheme: Usually both the company and the employee make contributions — Defined Benefit – where the into the pension scheme. It is benefits payable to you are the company contribution that clearly defined in the scheme’s gives occupational pensions the rules and are calculated based advantage over personal pensions on your salary and length of and other ways of saving. It is also service. Contributions are paid the reason why Usdaw believes into and benefits are paid out of that occupational pensions are the one large pension fund. best way of achieving a decent — Defined Contribution (also retirement income on top of what called money purchase) – where you get from the state. each scheme member has their own individual pension pot. In these schemes only the amount of contributions being paid by the company and employee are defined. The amount of pension you get depends on the size of your pension pot when you retire. — Hybrid Schemes – these schemes pay benefits which are a mixture of Defined Benefit and Defined Contribution. 5
Defined Benefit (DB) Final Salary Schemes Defined Benefit pension schemes Final salary schemes are one kind of Defined Benefit scheme. They pay are considered the best kind to be in. This is because your pension is you a pension based on your salary calculated based on your salary and in the last few years before you service which makes it relatively retire (your final salary) and the easy to predict how much your number of years you’ve been in the pension will be. scheme (your pensionable service). The pension benefits you build up The rate at which your pension are guaranteed and the company builds up is called the accrual rate carries the risk of having to pay and it is normally expressed as a extra contributions if there is not fraction. A typical accrual rate is enough money in the fund to pay 1/60th. If you paid into a 1/60th out all the benefits promised. scheme for 30 years before you Company contributions to DB retire then your pension would be schemes are often at least twice 30/60ths – or one half – of your what the employee pays. final salary. DB schemes often come with a Lower accrual rates produce a lower number of additional benefits for pension. So in a 1/80th scheme you members such as: would need to pay in for 40 years to achieve a pension of half your — Pensions for your spouse/ final salary. partner after you die. Different schemes have a different — Pensions for dependent children definition of what counts as after you die. pensionable salary. In some schemes it might be the whole of — A lump sum payment if you die your pay where in others it might before you retire. be basic or contractual pay only. — Enhanced pension if you retire early due to ill-health. You also have the option of exchanging some of your pension for a tax-free lump sum when you retire (this is called cash commutation). DB schemes are always governed by a board of trustees who are legally bound to act in the best interests of the scheme’s members (see the section on Trustees). 6
Career Average Revalued Earnings CARE schemes are usually more (CARE) Schemes affordable for companies than CARE schemes are another kind final salary schemes because the of Defined Benefit scheme. Your value of the pension you have built pension is based on your average up in previous years is linked to salary during the time you are in the inflation increases rather than wage scheme rather than your final salary increases and, over time, inflation at retirement. tends not to rise as fast as wages. Plus the inflation increases are For every year you pay into the usually capped at 5% a year or less, scheme you build up – or accrue which also helps to control the cost – an amount of pension. The of the scheme. scheme’s accrual rate will either be a fraction (like 1/80th) or a CARE schemes might provide a percentage (like 1.5%) of your better pension if you are likely to pensionable earnings for each year. earn more in the middle years of your career rather than the final The pension built up each year is years or if you are going to switch then increased (revalued) for every from full-time to part-time hours subsequent year up until you get towards the end of your working to retirement age. Usually, your life. They may also be more suitable pension is revalued in line with rises if you work variable hours, which in inflation using either RPI or CPI is why CARE schemes were as a measure. originally set up for retail workers at companies like Tesco and The Co-operative Group. Final salary schemes provide a higher pension for people who have one or more promotions in their career and whose highest earnings are in the last few years before retirement. 7
Cash Balance Schemes Integrated Schemes Sometimes called Retirement Some Defined Benefit schemes take Balance Schemes, these schemes into account your State Pension have features typical of both when working out your pension. Defined Benefit and Defined Schemes that do this are referred to Contribution schemes but they as being integrated with the State are not treated as being a hybrid Pension system. scheme. Some integrated schemes will The benefit promised by the apply a deduction to the amount company is a cash sum at of your earnings which are treated retirement. as pensionable. This can reduce the cost of the scheme for both The value of the cash sum is the company and employees calculated as a proportion of your but is often unfair on the lowest earnings in each year that you have earners whose pensions are been a member of the scheme. disproportionately affected A typical cash balance scheme compared to their higher paid might provide a cash sum worth colleagues. 20% of your earnings for each year Other schemes will apply a of pensionable service. deduction to your scheme pension So after 30 years you would have when you reach your State Pension a cash sum of 30 x 20% = 600% of Age. your earnings or, in other words, six years’ earnings. Paying for the benefits – valuations Cash balance schemes split risk Employees pay a fixed contribution between the company and the to the scheme but the company’s employee. The company takes on contributions can vary from time the risk of funding the scheme – to time because they must pay the making sure that there is enough balance of the cost of providing the money in the fund to provide the promised benefits. cash sum promised. The employee All the contributions are paid into takes on the risk that the cash sum a single fund and then invested in may not be big enough to provide a a range of assets including stocks decent pension. and shares (equities), government From April 2015, if you are aged bonds (gilts), commercial property 55 or over, you have total freedom or foreign currency. over how you take an income or a The law requires every Defined lump sum from your cash balance Benefit scheme to undergo a full pension pot. valuation every three years. The results of the valuation show how much the scheme’s assets are worth and how much its liabilities – the pension promises – are. 8
If a scheme’s assets are greater than its liabilities then the scheme is said to be in surplus. These days though a valuation is more likely to show that the liabilities are greater than the assets – in which case the scheme is said to be in deficit. Additional Voluntary Contributions When there is a deficit the company Members of Defined Benefit must increase the contributions schemes usually have the option of that it makes to the scheme to paying extra contributions on top of make up the shortfall. A recovery their regular scheme contribution in plan will be put in place where the order to achieve a bigger pension company promises to pay so much and tax-free lump sum when they extra money to the scheme over a retire. These are called Additional period lasting maybe 10 to 15 years Voluntary Contributions or AVCs. to eliminate the deficit. AVCs are provided on a Defined Often after a valuation the company Contribution basis where the money will also increase the employees’ is paid into an individual pension contribution rate to help reduce the pot of your own, kept separate from deficit. They may make changes to the main pension fund. the scheme or decide to close it. These days it is no longer compulsory for occupational pension schemes to provide a facility for members to pay AVCs. 9
Defined Contribution (DC) decent income when you retire. The company’s only concern is to pay Defined contribution schemes the contributions promised in full are also called money purchase and on time. schemes. From April 2015 you can choose to: Unlike Defined Benefit schemes where the amount of pension you a. Take the whole of your pension get when you retire is predictable, pot in one go, 25% tax-free and the only sure thing in a DC scheme the rest taxed as income. is the amount of contributions b. Take smaller lump sums, as being paid into your individual and when, with 25% of each pension pot. withdrawal tax-free and the rest The contributions paid are invested taxed as income. in line with investment choices c. Take up to 25% tax-free and a that you make when you join the regular taxable income from scheme. The value of your pot will the rest. The regular income rise or fall from time to time in line can be drawn directly from with investments you have made. your pension pot which remains The size of your pension at invested (drawdown) or by retirement depends on lots of buying a secure income for life different factors. These are just a (annuity). few of them: Sometimes there might be — The amount of contributions additional benefits for employees paid in. who join their company’s DC scheme such as a lump sum — The amount deducted from your payment on death before pot in management charges. retirement. — How successful your investment choices were in helping your pot The shift from DB to DC to grow. Over the last ten years, as Defined Benefit schemes have become — How long your pot has been more expensive and risky to run, invested for. many employers have made the — What the economic conditions switch from DB to DC. DC is more are like when you retire. affordable because the company usually pays a smaller contribution. — If you are considering buying a Also, in a DC scheme the risk of regular income (an annuity) the adequately funding pensions lies cost of this when you retire. with the employee instead of In a DC scheme it is the employee the company. who carries all the risks – the risk The first step was for companies that your investments might not to close their DB schemes to new do very well or that your pot might joiners and start a new DC scheme not be big enough to provide a for new employees to join. 10
More recently, companies have — Death benefits – joining the closed their DB schemes to the company DC scheme should existing members too and switched entitle you to a lump sum them over to DC. Sainsbury’s closed payment on death before its DB scheme to future accrual in retirement. 2013 and Tesco, The Co-operative — Ill-health benefits – joining the Group and Morrisons all closed their scheme should entitle you to schemes in 2015. some kind of protection if you are forced to stop working due What makes a good DC scheme? to ill-health. The key to a good DC scheme is the amount of contributions being paid — Trust-based – your company’s in – and in particular the amount DC scheme should be managed that the company pays. by a board of trustees who will act in the best interests of the Some companies offer to match scheme’s members, or they whatever the employee contributes should have an independent up to a certain level. More generous governance committee. companies will offer to contribute more than the employee or will Personal and Stakeholder pensions make a contribution even if the Personal pensions are also Defined employee pays nothing themselves. Contribution type schemes. These In Usdaw’s opinion a good DC are pensions that you can set up scheme looks like this: yourself with a bank, building society or insurance company. — Adequate contributions – our view is that a total contribution The downside to taking out your of 15% of earnings is needed to own Personal pension compared to achieve a decent pension with joining an occupational pension is 10% paid by the company and that there is no contribution from 5% by the employee. The longer your employer. contributions are paid the better. Also, the management charges in This is why it is important that Personal pensions tend to be higher we encourage young people than they are in company schemes. to join their workplace pension schemes as soon as they can. Stakeholder pensions were introduced in 2001 as a more — Pensionable earnings – affordable alternative to Personal contributions should be paid pensions. Stakeholder pensions on the whole of your earnings have to meet the following and not limited to basic pay or a standards: band of earnings. — A maximum annual management — Low charges – if your DC charge of 1.5% dropping to 1% scheme deducts management after the policy is ten years old. charges from your pot these should be kept to a minimum (see the section on Charges). 11
— A minimum contribution of £20 Making your investment choices a month. The contributions you and your — No charges for transferring employer pay into your Defined your Stakeholder pension into Contribution pension are invested another pension scheme. in line with choices you make when you first join the scheme. The size — Offers you a default investment of the pension you get from a DC option (see ‘Making your scheme is largely influenced by how investment choices’). successful those investments are in In recent years, companies have growing the value of your pot. appointed a pension provider The most common types of (usually an insurance company) to investment fund you are asked to provide a Personal or Stakeholder choose from when you join a DC pension for their employees rather pension scheme are: than set up their own scheme. These arrangements are usually — Stocks and shares (equities) called Group Personal Pensions or in companies based in the UK Group Stakeholder Pensions. or overseas. These are usually the most high risk investment Although your employer might because the value of stocks and offer to make contributions to a shares rise and fall on a daily Personal or Stakeholder pension for basis. The trade off though is you, strictly speaking they are not that, over a long period of time, occupational pension schemes. investing in equities can produce Unlike an occupational scheme the highest returns. set up by your employer, Personal — Government bonds (gilts) are and Stakeholder pensions are issued by the UK and overseas not governed by a formal board governments who will pay a of trustees who act in the best fixed amount of interest on interests of the scheme’s members. them over a fixed period of Instead you are entering into a time. Investing in bonds is less contract with an insurance company risky than investing in equities exactly the same as if you had set although the trade off is that the pension up on your own. they may produce a lower The only differences are that your return. employer is contributing too and — Corporate bonds are essentially because the pensions have been the same as government bonds arranged on a group basis to cover but issued by companies instead the whole workforce the charges of governments. Corporate are usually lower. bonds are a higher risk investment than government bonds because companies go bust more frequently than governments do. 12
— Investing in property – usually In the lifestyle fund you are commercial property – is less effectively leaving the investment risky but will produce a lower decisions to the experts. They return. will start by investing your money in higher risk funds like equities — Cash funds invest in bank which are expected to produce and building society deposits the highest returns. As you get and are one of the least risky closer to your retirement age they investments although they will will automatically switch your produce a far lower return. money into lower risk/lower return The paperwork you get from the investments like bonds and cash. pension scheme when you join will The idea is to try to make sure that normally categorise the investment there are no nasty surprises as you choices as being high risk, medium get closer to retirement such as a risk or low risk. sudden drop in the value of your pot. Even though you can change your investment choices from time Lifestyling may be suitable for you to time, most people don’t feel if you are intending to purchase an confident making the decisions annuity when you retire (ie swap themselves. Because of this, most your pension pot for a regular pension schemes offer you a default income for the rest of your life). investment choice – usually called a However, if you are considering lifestyle fund. keeping your pension pot invested and to drawdown your income as and when, this may not be suitable. This is because moving your pension fund to less risky assets is likely to reduce the investment returns you will receive. 13
Charges Annuity rates change on an almost Personal pensions, which are daily basis and can be influenced by usually provided by an insurance a number of different factors. These company, carry an Annual are just a few: Management Charge. This is the — Interest rates – annuity rates pension provider’s fee for work are less generous at times involved in handling and investing when interest rates are low and your contribution money. The become more generous at times AMC is usually expressed as a when interest rates are higher. percentage which is deducted from the value of your pot every year. — Life expectancy – how much income an insurance company Don’t underestimate the impact is prepared to pay you depends high charges can have on a pension on how long they think you are pot. A 1% charge might seem low going to live for (in other words but if you are paying money in over how long they are going to be 25 years this means that you are paying you for). having 25 x 1% = 25% of your money — Where you live – insurance deducted in charges in that time. companies can determine how Employers are usually able to long they expect you to live by negotiate lower charges with their your postcode. People who live chosen pension provider. in low income areas are likely to get a better annuity than people In April 2015 the Government who live in higher income areas. introduced a cap on member — Your health and lifestyle – charges of 0.75% on the ‘default smokers may get a better funds’ available in Defined annuity than non-smokers and Contribution schemes used to people with serious health comply with the auto-enrolment problems may also be offered a rules. better rate. Annuities — Your age – naturally the younger you are when you choose to If you have pension savings in a buy an annuity then the longer Defined Contribution scheme, it is expected to be paid to you one of the options available to for, which is going to result in a you at retirement is to convert lower rate. your savings into a secure regular income, payable to you for the rest Annuities can be tailored to suit of your life – in other words you can your own personal circumstances. purchase an annuity. You can usually decide whether you want your annuity to increase Insurance companies sell annuities in payment or not or whether you and set annuity rates – that is the want to provide an income for your amount of income that they are spouse/partner if you die before prepared to pay you in exchange them. for your pension pot. 14
You have the right to ‘shop around’ for an annuity, so you don’t have to accept the quotation which your pension provider sends you. Many people are unaware of this option, which is known as the Open Market Option. By shopping around you can sometimes increase your income in retirement by up to 40%. Following the new choices available from 2015 it is anticipated that fewer people may want to purchase an annuity. Access to impartial guidance From April 2015, the Government has provided free guidance to help individuals to understand their options at retirement. For more information please refer to the section on ‘Access to impartial guidance’ on page 49. Alternatively, for more information about the pension changes please contact Usdaw’s Pensions Department on 0161 224 2804. Defined Benefit v Defined Contribution The table on the next page highlights how the two main types of pension compare with each other. 15
Defined Benefit Defined Contribution You know how much pension you The size of your pension can’t will get – your pension is worked be predicted – you know you are out based on your salary and going to get some pension but service so you have a good idea of the amount depends on a number how much it will be. of factors and can’t be accurately predicted. Your employer carries all the risks You carry all the risks – if average – the risk that people live for life expectancy goes up or the longer and pensions have to be stock markets go down then it is paid for longer or that there isn’t up to you to make up any drop in enough money in the fund to pay the value of your pension pot. all the benefits promised. Your pension is linked to your The size of your pension pot can earnings – your pension will be vary depending on a number of worked out as a proportion of factors: either your final salary or career — How much you and your average earnings. employer paid in. — How much was deducted in charges. — Investment performance. — How long your money was invested for. — Economic conditions when you retire. — How you wish to access your savings when you retire. Additional benefits – DB schemes No additional benefits – DC usually pay a lump sum on death, schemes rarely come with pensions for your spouse/partner/ additional benefits. dependent children on death and ill-health pensions. Larger employer contributions – Smaller employer contributions your employer is likely to pay at – in the average DC scheme the least double what you contribute employer will match your own to a DB scheme to meet the cost contribution up to a certain level. of the benefits. In the best DC schemes the employer pays a better-than- matching contribution. At retirement you will have the From April 2015 if you are 55 or option of taking a pension or a over you will have total freedom reduced pension and a tax-free over how you take an income or a lump sum, which is paid out of lump sum from your pension pot. one large pension fund. 16
Hybrid schemes Ill-health retirement Hybrid schemes offer benefits Most occupational pension schemes which are a mixture of Defined – particularly Defined Benefit Benefit and Defined Contribution. schemes – provide a pension if you are forced to retire early due to For example, a hybrid scheme ill-health. might make you a salary-related pension promise (Defined Benefit) The pension scheme will only pay but at the same time keep track of you an ill-health pension if your a notional individual pension pot for condition is permanent and usually you (Defined Contribution). If, when only if your condition prevents you you retire, the notional pension pot from taking on any other job in will produce a higher pension than future. the salary related promise then the Other schemes may offer a lower Defined Contribution benefit will ill-health pension in cases where apply. This is called a DC underpin you can no longer carry on doing scheme. your job for your current employer Other kinds of hybrid scheme will but you might be able to do a pay benefits on both a DB and DC different job somewhere else. basis. For example: Medical evidence of your incapacity — Transfers into a DB scheme will be needed and the pension may have been used to provide scheme trustees will want proof extra benefits on a DC basis. that your condition is permanent. Nowadays however, it is unusual Sometimes the company’s consent for any DB scheme to accept a is needed as well as the trustee’s. ‘transfer-in’ from an alternative In cases where the trustees have arrangement. turned you down for an ill-health — Schemes which offer members pension it is usually difficult to a choice between DB and DC challenge their decision unless it sections. can be proved that they acted in an unreasonable way when arriving at — Additional Voluntary their decision. Contributions to a DB scheme provided on a DC basis. Some employers, instead of providing ill-health pensions, — Schemes which pay DB benefits may set up a Permanent Health on earnings up to a certain level Insurance policy with an insurance and DC on all earnings above company that will pay you an that level. income whilst you are off sick. Some policies will provide cover up until your normal retirement 17
date and some may restrict cover designed to save money for both for a specified amount of time, you and your employer by reducing for example three years. Some the amount of National Insurance companies will provide a Critical contributions you have to pay. Illness policy. Also taken out with You give up or ‘exchange’ an insurance companies these policies amount of your wages equal to the are usually more affordable for amount you regularly pay into the employers because they only pay pension scheme. Your employer out a lump sum in cases of the most pays your pension contribution for serious illnesses such as stroke or you as well as their own. Because cancer. NI contributions would normally be payable on the amount of wages Access to Medical Reports Act that you have given up, both you 1988 and your employer save money. Your employer, pension scheme or insurance company cannot apply These arrangements have become to your own doctor for a medical more common over the last few report about you without first years as companies look for ways notifying you and telling you what to reduce the amount they spend your rights are under this Act. on pensions. Sometimes they are given a different name like SMART You have the right to see the report Pensions. free of charge before it is sent. You can have your own copy of the Usdaw has a factsheet about salary report for a reasonable charge. If sacrifice. You can download it from you think anything in the report is the Usdaw website or order it from inaccurate or misleading then you the Union’s pensions team. can ask the doctor to change it. Leaving a scheme early If the doctor won’t change it then you can attach a statement to the If you leave your company pension report giving your own opinion. scheme before retirement age there are a number of options available The Act only applies to reports to you depending on what kind of requested from your own doctor pension scheme you are in and how and not to reports obtained from long you have been in it for. independent or company doctors. We advise you to make sure you Occupational Defined Contribution ask for your own copy of any (DC) schemes medical report made about you. If you were paying into your employer’s occupational DC Salary sacrifice scheme prior to October 2015, for Salary sacrifice or salary exchange less than two years you could still is an alternative method of paying qualify for a refund of your own your regular contribution to the contributions less tax. company pension scheme. It is 18
However, since October 2015 Refunds members of Occupational DC At some companies where salary schemes may only have their sacrifice arrangements have been contributions refunded if they introduced and you no longer pay leave or opt out within the first your own pension contribution then 30 days of joining the scheme. the option of a refund may not be Alternatively, your options on available. leaving are: Refunds cannot be paid if you have — A deferred pension – the transferred pension rights into the pension rights you have built up scheme from a previous pension. so far remain in the scheme and Refunds cannot be paid from are paid to you when you reach Personal or Stakeholder pensions. retirement age. — A transfer of your pension rights Early retirement into another registered pension If you are 55 or older you can apply scheme. to the pension scheme to start drawing your pension benefits Defined Benefit (DB) immediately. If you were contributing for less Early retirement usually needs the than two years but more than three agreement of both the pension months: scheme trustees and your employer. — A refund of your own Also, pensions paid early will usually contributions minus tax. be reduced because they are going — A transfer of your pension rights to be paid for longer. into another registered pension scheme (including the value of Personal and Stakeholder Pensions the contributions your employer If you contributed to a Personal or made for you). Stakeholder pension provided by your employer then you have the If you were contributing for less following options if you leave your than three months you will usually job before retirement age: be given a refund of your own contributions minus tax. — Stop contributing and leave your pension pot invested until you If you were contributing for more are ready to start drawing your than two years, your options on pension. leaving are: — Arrange with the pension — A deferred pension – the provider to carry on contributing pension rights you have built up to your pension either on a so far remain in the scheme and regular or one-off basis – but are paid to you when you reach obviously you will no longer retirement age. receive employer contributions — A transfer of your pension rights towards it. into another registered pension scheme. 19
— If you are 55 or older you will Transferring your pension have total freedom over how you take an income or a lump sum It is usually possible for you to from your pension pot. transfer pension rights from one scheme to another. There are a — If you start a new job with number of reasons why you might a company that offers you want to do this: membership of their pension scheme then you might be able — You might believe that you to transfer your pension from can get a bigger pension by your previous job into the new transferring to a new scheme. scheme. — The benefits in your old scheme may not suit your personal Group Personal Pension Schemes circumstances – for example, if (GPPS) and Group Stakeholder your old scheme pays a pension Pension Schemes (GSPS) on death to your spouse/partner You will be entitled to the same but you are single. options as before for Personal — You might not be happy with the pensions or Personal Stakeholder investment performance of your pensions. old scheme and think that your However, if you were automatically- money will be better invested in enrolled into either a GPPS or a new scheme. GSPS and you opt out or leave the company within 30 days you will be eligible to receive a refund of your contributions. 20
— You might want to merge Transferring pension rights out several small pension pots from of a Defined Benefit scheme is different jobs into one large pot more complicated. The scheme’s for convenience or to pay lower actuary works out the cost to the charges. scheme of paying your pension at your retirement age and this — If you have a DB pension, the is the amount of money that is new rules introduced in April transferred. 2015 do not apply. You might therefore want to transfer to a Transferring pension rights out of DC pension pot to access the a DB scheme is risky. If you are new DC choices. transferring into a DC scheme then you lose all guarantees about what Whatever your reason, we advise your pension rights will be worth you to get independent financial when you retire – they may be advice because transferring worth more or less. pensions can be complicated and there is a risk that you might lose If you are a member of a DB money. scheme and the value of your benefits is more than £30,000, you There has also been an increase are required to take advice from in pension scammers and it is of an Independent Financial Advisor paramount importance that you (IFA). The IFA will check that the seek the advice of a registered transfer value you are offered Independent Financial Advisor represents good value and the (see the section on Getting transfer is in your interests. financial advice). If your previous employer’s DB Transfers between Defined scheme is currently underfunded Contribution schemes are usually then the trustees can restrict your straightforward. Your old pension transfer amount. For example, if the provider disinvests your pension scheme is only 80% funded then pot and pays the value to the new they might only pay 80% of your pension provider who reinvests the full transfer value. money. The risk is that there is a delay between the disinvestment Transfers into a DB scheme are and the reinvestment of your now very rare. Trustees of DB money, which causes you to lose schemes are reluctant to take on out. extra liabilities which might end up costing the scheme money and so they usually ban any transfers into the scheme. 21
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2. state pensions This section explains your State Pension, which is a regular payment from the Government that you can claim when you reach your State Pension Age. Your State Pension is important because it forms the foundation of your retirement income. To qualify for a State Pension For an introduction to the new you must have paid or been State Pension please access credited with National Insurance the link www.usdaw.org.uk/ contributions. StatePensionChanges The State Pension was reformed on To find out your State Pension 6 April 2016 and this section looks Age go to www.gov.uk/ at what the changes mean, who is calculate-state-pension entitled to them and when they are payable. Who will receive the new State Pension State Pension reforms The new State Pension was The State Pension changed on introduced for people who reach 6 April 2016. State Pension Age on or after The State Pension is a regular 6 April 2016. payment from the Government You will be affected by the changes which you can claim when you if: reach your State Pension Age. — You are a man born on or after Not everyone has the same State 6 April 1951. Pension Age and not everyone will receive the same amount of State — You are a woman born on or Pension. after 6 April 1953. Your State Pension Age depends on If you were born before these when you were born and how much dates you will not be affected and you receive will depend on your will continue to receive your State National Insurance record. Pension under the current scheme rules. 23
How much you will get If you do not have the maximum amount of Qualifying Years and Existing pensioners you were contracted out of the additional State Pension prior to If you have already reached your 6 April 2016 (or both), your ‘starting State Pension Age and you are in amount’ will be less than the full receipt of your State Pension you new State Pension. will continue to receive this in line with the present rules. You will Qualifying Years continue to get both your Basic State Pension and any additional From April 2016 you will need 35 State Pension (this could be State Qualifying Years to get the full Graduated Pension, SERPS or State amount of the new State Pension. 2nd Pension) which you are entitled Furthermore if you reach State to. This will also apply to anyone Pension Age after April 2016, for who has reached their State Pension the first time, you will need to have Age on or before 6 April 2016. a minimum of 10 years National Insurance contributions or credits Furthermore, if your current to qualify for a State Pension. pension entitlement is more than the new full single tier pension, your Contracting Out pension will NOT be reduced. If you have previously been a member of a workplace pension New pensioners scheme which was ‘contracted-out’ For any man born on or after of the State Additional pension, 6 April 1951 and any woman born (you will have paid reduced rate on or after 6 April 1953 you will National Insurance to enable you be affected by the reforms and to contribute to your workplace your pension will be calculated in pension) there is a possibility accordance with the new rules. that you will not qualify for the The full level of the new State full amount of the new single tier Pension will be £168.60 each pension. (This will depend on how week however, not everyone will long you were contracted out for). automatically qualify for this amount. The amount you receive will be based on your National Insurance record. Your new State Pension will be based on how many ‘Qualifying Years’ you have on your National Insurance record and whether you have previously been ‘contracted- out’ of the additional State Pension at any time prior to 6 April 2016. 24
Starting amount When you will receive from April 2016 your State Pension From April 2016 the Government You can only claim your State will look at how many existing Pension when you have reached Qualifying Years you have and if your State Pension Age and this will you have a contracting out record, depend on your date of birth. which will determine your ‘starting Historically the State Pension was amount’. 60 for women and 65 for men. This If your starting amount is less started to change in April 2010 as than the new full State Pension of women’s State Pension Age began £168.60 a week, each qualifying to increase – in stages from 60 to year you add to your National 65 to bring them in line with men. Insurance record, after April 2016, Between 2018 and 2020 men’s and will start to build up an additional women’s State Pension Age will amount up until you reach the full increase from 65 to 66 and from level of the new State Pension or 2026 to 2028 the State Pension when you reach your State Pension Age will rise to 67 for everyone. Age – whichever happens first. The Government announced that If your starting amount is more it will review the State Pension than the full State Pension you will Age every five years. The review receive this higher amount when published in 2017 recommended you reach State Pension Age. This that the State Pension Age should will occur if you have built up a be increased to age 68 for all certain amount previously in the between 2037 and 2039. additional State Pension. 25
If you do not qualify for the new full State Pension there are ways in which you can increase it up to the full amount: — You can continue to work and pay National Insurance contributions up to your State Pension Age and this will boost Topping up your your starting amount from State Pension 6 April 2016. The new State Pension won’t be — You may find that you have the same for everyone. What you gaps in your National Insurance get will be based on your National record and you may be eligible Insurance record. to claim credits for these. From 6 April 2016, for the first — You can elect to pay voluntary time you will also need a minimum National Insurance contributions of at least 10 Qualifying Years to to increase your State Pension. be eligible to receive any State — If you have already reached Pension. your State Pension Age you can You can get a new online State delay claiming your pension and Pension statement at www.gov.uk/ over a period of time your State state-pension-statement You can Pension will increase in value. also complete Form BR19 if you Deferring your State Pension are unable to access this online. Contact the Future Pension Centre You don’t have to claim your State on 0800 731 0175 for a form. This Pension as soon as you reach State will estimate what your new State Pension Age. Pension will be based on your You can delay (or defer) claiming National Insurance contributions your State Pension which means to date. This will be your starting that you will get extra State amount in the new system. Pension when you do claim it. The In most cases this is the lowest extra amount will be paid as extra amount you could expect to receive pension (not as a lump sum) but at your State Pension Age. remember it may be taxable. 26
How much extra pension depends Inheriting State Pension from your on how long you delay claiming it. husband/wife or civil partner The longer you leave it the more You may be able to inherit an extra you will get. payment on top of your new State You will need to delay at least Pension if you are widowed or a nine weeks – your State Pension surviving civil partner. The extra will increase by 1% for every nine payment may consist of additional weeks that you put off claiming. State Pension or a ‘protected This works out at just under 5.8% payment’ (if any). for every full year that you put off This will depend on whether the claiming. deceased: After you claim, the extra amount — Reached State Pension Age or you receive will usually increase died before 6 April 2016; or each year in line with inflation. — Died under State Pension Age Claiming from your spouse/ after 5 April 2016. civil partner You might also be able to inherit extra State Pension or a lump sum Receiving State Pension from your payment if your late spouse or civil husband/wife or civil partner partner reached State Pension Age If you reach State Pension Age on before 6 April 2016 and put off or after 6 April 2016, your State claiming their State Pension. Pension will be based on your National Insurance record only. If you remarry or form a new civil There is one exception to this – partnership if you are a married woman or If you are under State Pension widow who has opted to pay Age you won’t be able to inherit reduced rate National Insurance anything from your deceased contributions. This is called a spouse or civil partner if you Reduced Rate Election (or perhaps remarry or form a new civil most commonly known as ‘Married partnership before you reach Women’s Stamp’). State Pension Age. If you made this choice in the past If you get divorced or dissolve you may get a new State Pension your civil partnership based on different rules, if these will give you more than the amount The courts can make a ‘pension of the new State Pension that you sharing order’ if you get divorced would have otherwise got from or dissolve your civil partnership. If your own National Insurance record. this happens the court can decide if you must share your additional If these rules do apply to you, you State Pension or protected will not need the qualifying 10 years payment with your former of your own in order to get any husband, wife or civil partner. State Pension. 27
Your State Pension will be reduced Triple Lock Guarantee accordingly and your former Your State Pension should increase husband, wife or civil partner each year by the highest of: will get this amount as an extra payment on top of their State — Inflation (Consumer Prices Pension. Index); or — National Average Earnings; or Pension Credit — 2.5%. If you only qualify for a small amount of State Pension or no State Pension at all, you may be Getting a State Pension Statement eligible to claim Pension Credit. The application for a State Pension Statement is called BR19 and we Pension Credit is an income-related would encourage all our members benefit that tops up your weekly to apply for this Statement so that income to a guaranteed minimum they have an expectation of what amount if you have reached the they might receive once they have Pension Credit qualifying age. If you reached their State Pension Age. are a couple, the amount you get will depend on your joint income The Statement will also help and capital (this will include your identify if there are any current savings and investments). gaps in your National Insurance records so that you can challenge State Pension increases whether this is correct and if so, you Every year your new State Pension can consider how the shortfall can should go up in line with the be addressed by paying additional triple lock guarantee until 2022 voluntary NI contributions. (the date scheduled for the next The Pension Service General Election), and at least with the growth in average earnings The Pension Service is part of the thereafter. Department for Work and Pensions and provides customers with If you have extra State Pension pensions, benefits and retirement or a Protected Payment (over the information. They can: full State Pension entitlement of £168.60) it will not increase at — Work out the amount of State the same rate. This part of your Pension and Pension Credit that State Pension will increase in line you are entitled to. with inflation (Consumer Prices — Pay your entitlements to you Index-CPI). and answer your questions over If you live outside the UK, your new the phone, by post or by email. State Pension may not go up every — Tell you how to access other year. pension-related entitlements and services. 28
The Pension Service has a network of pension centres supported by a local service. For more information search for the Pension Service at www.gov.uk or phone the national helpline on 0800 731 7898. More Information For more information on all these issues go to www.usdaw.org.uk/ pensions 29
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3. your pension rights This section explains some of the laws which govern our pensions system (pensions laws, tax laws and employment laws), the organisations which have a role to play in the system and the rights you have as a member of a pension scheme. Auto-enrolment – new Employers must tell their employees pension rights from 2012 about the pension scheme, deduct contributions from wages and Since 2001 the only legal obligation forward those contributions to the on employers to provide pensions pension scheme within statutory was a requirement for them to timescales. choose a Stakeholder pension for their employees to pay into. Most Usdaw members already have the opportunity to join a This rule only applied to employers pension scheme which meets the who employed five or more people minimum standard. At the moment and there was no requirement it’s up to you whether you join or for the employer to pay into the not. Following the 2012 reforms, if Stakeholder pension themselves. eligible, you will be automatically However, new laws were introduced enrolled into your employer’s in 2012 that now affect all employers pension scheme with the option and give workers a new set of to opt out of it if you want to. pension rights. Auto-enrolment has been described as the most radical Auto-enrolment change for working people since Between 2012 and 2017 all UK the introduction of the National employers started automatically Minimum Wage and it will help enrolling their employees into a millions of workers on low to middle workplace pension scheme of a incomes to save for retirement. minimum standard. This is called Usdaw supports auto-enrolment as auto-enrolment. it helps thousands more workers to Also, for the first time employers save for retirement who otherwise must make a compulsory minimum might not have done so. contribution towards their employees’ pensions. 31
Who qualifies? When did auto-enrolment start? If you are not already paying into The timetable for employers to your employer’s pension scheme stage for auto-enrolment started to then you will qualify to be auto- take place over a five year period enrolled if you meet all of the between October 2012 and October following criteria: 2017. — You are between age 22 and Every employer has a staging, ie a State Pension Age. start date, by which they must have begun auto-enrolment. The start — You earn more than the date is based on how many people minimum earnings threshold, they employ. The process started which is currently £10,000 a with the biggest employers and left year (£192.00 a week). the smallest until last. — You work in the UK. The Pensions Regulator will notify You can opt out of auto-enrolment every employer of their start date 12 but your employer will have to keep months in advance. re-enrolling you every three years until you reach State Pension Age. Auto-enrolment Number of start date employees Young workers aged between 16 and 22 and older workers aged October 2012 120,000 or more between State Pension Age and November 2012 10,000 – 120,000 75 don’t have to be auto-enrolled – March 2013 but can opt in and are entitled to the same employer pension April 2013 1,250 – 9,999 contribution as everybody else. – September 2013 People currently earning between October 2013 250 – 1,249 £6,136 and £10,000 a year don’t – February 2014 have to be auto-enrolled but can April 2014 50 – 249 opt in and are entitled to the same – April 2015 employer pension contribution as everybody else. June 2015 Less than 50 – April 2017 People earning less than £6,136 a year don’t have to be auto- May 2017 New employers enrolled. You can opt in but your – September 2017 set up between employer does not have to make a April 2012 contribution for you. and 2017 The earnings thresholds above are October 2017 New employer reviewed by the Government every onwards set up from year. October 2017 32
Minimum pension scheme In simple terms, in general any standards part of an employee’s income that The new minimum standard is paid into a registered pension of workplace pension will be a scheme is untaxed, with the amount Defined Contribution scheme with that would have been taken in tax a minimum total contribution of instead going into the pension 8% of your wages from April 2019. scheme. Your employer will be required to For basic rate taxpayers this means contribute a minimum 3% of the that every £1 you pay into your total 8%. pension only costs you 80 pence. Contributions only have to be Before April 2006 you weren’t deducted from a band of earnings allowed to contribute more than – currently between £6,136 and £15,000 a year towards a pension. £50,000 a year. This limit was abolished and Basic pay, commission, overtime, replaced with an Annual Allowance bonus, statutory maternity, and a Lifetime Allowance. These paternity and adoption pay must new allowances only really affect count towards pensionable pay. very high earners. Contributions don’t have to be split The Lifetime Allowance is the this way. Your employer might offer amount of pension benefits that to pay more than the minimum or you can build tax-free over your even pay the whole contribution. working life. The Lifetime Allowance Similarly, you can pay more than the is currently £1,055,000 (2019/20). minimum employee contribution if you want. The Annual Allowance is the amount of pension benefits you can Usdaw has a separate guide on build up with tax relief in a single auto-enrolment which you can tax year. The Annual Allowance is download from the Usdaw website currently £40,000. From 6 April or order from the Union’s pensions 2016 those with an income of team. over £150,000 will be subject to a tapered annual allowance which Tax rules about pensions could reduce to just £10,000. The Finance Act 2004, which From 6 April 2017, the annual became law in April 2006 made allowance will be reduced to far-reaching changes to the tax £4,000 if you have withdrawn treatment of pensions. more than the 25% tax-free lump sum from a Defined Contribution Tax relief pension pot. This is known as the Contributions paid to a registered Money Purchase Annual Allowance. pension scheme receive tax relief (MPAA) from the Government up to certain limits. 33
In a single tax year you can have Contributing to more than one tax relief on contributions to your pension pension of whichever is the lower of Before 2006 you were only allowed 100% of your annual earnings or the to contribute to one pension at a annual allowance. time. You can now contribute to Your own company pension scheme as many pensions as you like as may have limits on the amount you long as you don’t exceed the tax can pay in that are more restrictive allowances described above. than the above allowances. AVCs If you don’t have any earnings (for Before 2006 AVCs could only be example if you don’t work) or if you used to provide extra pension. earn less than £3,600 each year, Now when you start drawing your you can make gross contributions pension benefits you can choose to of up to £3,600 each year to a take some or all of your AVCs as a Personal pension, Self Invested tax-free lump sum instead. personal pension or a Stakeholder pension, receiving basic tax relief at currently 20% of your contribution. Tax-free lump sum on retirement When you start to draw your pension benefits you can take up to 25% of the value of your benefits as a tax-free lump sum – sometimes called a Pension Commencement Lump Sum. Again, your own company pension scheme rules might be more restrictive than this. 34
Flexible retirement From April 2015 new legislation has Since 2006 you can start drawing allowed more flexibility on how you your company pension and carry access your Defined Contribution on working. This can be attractive pension pots. As long as you are for people who want to ‘phase aged 55 or over you will be in in’ retirement by receiving their a position to take as little or as pension and reducing the hours much of your pension pot as cash they work. It is up to your employer (subject to taxation), irrespective of whether they have a flexible the size of your pot. retirement policy and what terms For Defined Benefit schemes and conditions they attach to it. however, Trivial Commutation will still be possible after 5 April 2015. Small pensions – Trivial Commutation You may be able to take the whole of your Defined Benefit pension as If your pension pot at retirement a Trivial Commutation lump sum if: is quite small, up to now you have been able to take all of it as a cash — You’re aged at least 55, or you’re lump sum subject to certain criteria. retiring at an earlier age because This is what Trivial Commutation of ill-health, and the value of means. your defined pension benefits (ignoring any State Pension) From April 2015 Trivial when added together do not Commutation no longer applies to exceed £30,000 in total. Defined Contribution pots (unless the 12 month commutation period commenced before 6 April 2015). 35
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