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Pension Schemes Bill [Lords] - Sitting 3
05 November 2020
Type
Public Bill Committee
At a Glance
Issue Summary
The statement discusses the amendment to Clause 123 of the Pension Schemes Bill, which would remove a subsection requiring the Secretary of State to ensure certain purposes are achieved regarding pension scheme funding. The statement addresses concerns about the impact of proposed regulatory changes on open defined benefit pension schemes, particularly regarding investment strategies and risk management. The statement discusses concerns regarding the treatment of open defined-benefit (DB) pension schemes under new regulations proposed in the Pension Schemes Bill. Richard Thomson is addressing concerns about defined-benefit pension schemes under the Pension Schemes Bill. The Minister is discussing the approach to defined benefit pension schemes and addressing a proposed amendment related to funding and investment strategies. The statement addresses an amendment to include contract-based workplace schemes in obligations related to climate change risk under the Pension Schemes Bill. Graham Stringer discusses amendments related to due diligence in pension transfers. The statement discusses amendments aimed at preventing pension scams and improving access to impartial guidance for individuals accessing their pension benefits. The statement addresses concerns about the effectiveness of pension guidance and protection against scams, particularly focusing on the need for stronger measures to address trustee actions when red flags are identified. The statement addresses concerns regarding clause 125 of the Pension Schemes Bill and its provisions to prevent pension scams by setting conditions for transfers. The MP is discussing concerns over red flag amendments in the Pension Schemes Bill and requesting guidance from the Minister. The statement addresses the complexity of pension regulation and the need for strengthened protections against scams to protect vulnerable individuals.
Action Requested
Graham Stringer proposes an amendment that would set guiding objectives for the Secretary of State when exercising powers to make regulations or prescribe matters under Part 3 of the Pensions Act 2004, focusing on supporting trustees' decision-making and avoiding requirements that could accelerate scheme closures. The action is informational as it describes a proposed legislative change rather than calling for immediate action.
Key Facts
- Amendment 9 would remove a subsection in Clause 123 of the Pension Schemes Bill.
- Amendment 18 proposes guiding objectives to support trustees' decisions on funding and investment strategies while avoiding requirements that could accelerate scheme closures.
- The amendment aims to balance risk management with member benefit protection.
- The regulator has a consultation on the issue.
- Paragraph 475 of the consultation states open schemes retain flexibility in funding strategies compared to closed schemes.
- Paragraph 481 acknowledges open schemes have longer investment horizons and can expect higher returns, which affects discount rate assumptions.
- Government met with individual pension schemes on October 2nd for over an hour.
- DB schemes currently have 10.5 million members with £1.5 trillion under management.
- Labour's amendment 18 seeks to support trustees' ability to decide funding and investment strategies for open schemes.
- Pensions Regulator’s consultation on the DB funding code in September raised concerns about accelerating closures of viable schemes.
- The Pensions and Lifetime Savings Association estimated that the regulator’s proposals could increase liabilities by between £120 billion and £160 billion.
- 21% of DB scheme members belong to schemes still open to new members.
- The liabilities of the schemes could increase by between £120 billion and £160 billion.
- Amendment 18 is proposed as a compromise position that captures the essence of clause 123 while being less prescriptive.
- The Minister supports defined benefit (DB) schemes and has given them the power to invest in alternatives like green infrastructure, social housing or venture capital.
- There is an ongoing consultation on scheme funding measures that seeks to support trustees and employers to manage their scheme funding with a focus on longer-term planning.
- The amendment proposing specific guiding objectives for the Secretary of State was negatived by a vote.
- Amendment seeks to add contract-based workplace schemes alongside occupational pension schemes.
- Clause 124 aims to introduce measures against climate change risk in pension schemes.
- Government consultation on climate change measures was launched by the Secretary of State for Work and Pensions.
- Amendments 21, 22, 23 and 24 enable regulations under subsections (6ZA) of section 95 and 97F of the Pension Schemes Act for England and Northern Ireland respectively.
- These amendments aim to prevent transfers if specific 'red flags' are identified in relation to a transfer or receiving scheme.
- The proposed amendments are related to ensuring due diligence is conducted on potential pension scheme transfers.
- Amendments would allow trustees to refuse pension transfers if there is evidence of a scam.
- The amendments are based on work by the Pension Scams Industry Group.
- About £10 billion may have been lost in pension scams over the past five years affecting around 40,000 people.
- A survey estimates that some 5% of pension transfers in the last five years have been into scams.
- New clause 10 would auto-enrol pension savers into Pension Wise appointments as they approach pension access age.
- The Department's most recent statement of policy intent suggested a stronger nudge towards using Pension Wise.
- A stronger nudge trial showed only a small increase in Pension Wise appointments from 3% to 11%.
- Just Group plc predicts that between 20% to 25% at the upper end would receive their Pension Wise session under the current approach.
- The MP argues for an opt-out guidance system as the best way forward.
- Clause 125 aims to prevent future pension scams by setting conditions for transfers.
- Conditions relate to destination authorization, evidence of employment or residency, and identification of red flags.
- The minister has engaged with stakeholders and parliamentary colleagues extensively on this issue.
- The amendments aim to ensure added protection through primary legislation.
- Clause 125 in the Bill provides the framework for addressing the issues.
- Detailed regulations will be drafted to deal with specific problems related to pension transfers.
- Amendments 21 to 24 propose measures to prevent individuals from transferring their pensions into scam schemes.
- New clause 10 aims to protect people from scams by auto-enrolling pension scheme members in guidance appointments.
- The amendments and new clause have been tabled on a cross-party basis by members of the Work and Pensions Committee.
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