Stakeholder Update Summer 2013 - The Pensions Regulator
Stakeholder Update Summer 2013 - The Pensions Regulator
Stakeholder Update Summer 2013 - The Pensions Regulator
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Keeping<br />
you informed<br />
Welcome to the summer <strong>Stakeholder</strong> update. As you<br />
will all now probably be aware, in March I announced my<br />
intention to leave the regulator at the end of June to take<br />
up a new role as group chief executive of the Universities<br />
Superannuation Scheme Ltd (USS).<br />
Leaving the regulator will be very hard. I leave behind a hugely committed<br />
team, which has a clear vision on how to support this vital industry. It has<br />
been a privilege to represent their work to the outside world. I wish them<br />
all very well. We advertised for my replacement in May and the chairman<br />
expects to recruit my successor in July. It has been a pleasure working with<br />
so many of you over the past 5 years.<br />
<strong>Update</strong><br />
<strong>Stakeholder</strong><br />
<strong>Summer</strong> <strong>2013</strong><br />
In this issue...<br />
Pension liberation fraud update<br />
What’s happened so far<br />
Maintaining contributions<br />
Draft codes of practice and guidance laid<br />
Making a statement<br />
Our DB funding statement<br />
Latest developments<br />
<strong>Update</strong>s from across the organisation<br />
Coming soon<br />
New publications on the horizon<br />
Bill Galvin<br />
Chief executive, <strong>The</strong> <strong>Pensions</strong> <strong>Regulator</strong><br />
For further details of the items mentioned in this<br />
newsletter, please see our website: www.tpr.gov.uk
Latest<br />
developments...<br />
Our<br />
member<br />
information<br />
leaflet<br />
‘We need to<br />
make sure that<br />
the action we<br />
take is joinedup,<br />
as decisive<br />
as possible, and<br />
that we limit the<br />
risks of new forms<br />
of pensions scam<br />
emerging’.<br />
Pension liberation<br />
fraud update<br />
<strong>The</strong> industry has an important role to play in<br />
disrupting this activity, and there has been<br />
an overwhelmingly positive response to our<br />
‘scorpion’ awareness campaign.<br />
We’ve had more than 4,000 visitors to our website<br />
landing page – with frequent downloads of our action<br />
pack, transfer insert and member information leaflet, as<br />
well as a ‘bite-sized’ e-learning module for trustees<br />
and administrators.<br />
We cannot tackle this issue without the help of others and<br />
we work with a cross-government task force looking at<br />
this issue, called Project Bloom. This involves, amongst<br />
others, the new National Crime Agency, the Serious<br />
Fraud Office, the Serious and Organised Crime Agency,<br />
the Financial Conduct Authority, HM Revenue and<br />
Customs, the City of London Police and the <strong>Pensions</strong><br />
Advisory Service.<br />
You will probably be aware of the recent raids undertaken<br />
by the City of London Police, supported by staff from<br />
the regulator and other agencies. If you have any<br />
information about pension liberation fraud, please help<br />
us assemble the intelligence picture by reporting your<br />
suspicions to Action Fraud – the central intelligence hub<br />
for Project Bloom.<br />
<strong>The</strong> pension liberation<br />
landing page on our website<br />
We are also looking carefully at a range of further<br />
options to tackle this issue, but there is no simple<br />
answer or single quick fix. We need to make sure that<br />
the action we take is joined-up, as decisive as possible,<br />
and that we limit the risks of new forms of pensions<br />
scams emerging. <strong>The</strong>se are issues we will take forward<br />
with our Government and Project Bloom partners, and<br />
with the industry.<br />
Go to: www.tpr.gov.uk/professionals/pensionliberation-fraud-professionals.aspx<br />
to find out more<br />
<strong>Stakeholder</strong> <strong>Update</strong> <strong>Summer</strong> <strong>2013</strong><br />
2
Draft<br />
codes and<br />
guidance<br />
published<br />
‘<strong>The</strong>y build on<br />
current good<br />
practice and<br />
existing legal<br />
duties, as well<br />
as focusing on<br />
establishing clear<br />
accountabilities<br />
for achieving<br />
good outcomes<br />
for members.’<br />
Maintaining<br />
contributions<br />
On 7 June, we published revised codes and<br />
guidance to support automatic enrolment by<br />
helping to ensure that members of workplace<br />
pensions receive the pension contributions<br />
they are due, setting out:<br />
• guidance for employers who have primary<br />
responsibility for ensuring the correct level of<br />
contribution is paid to schemes on time. This explains<br />
how employers can meet their duty to calculate the<br />
correct pension contribution<br />
• codes and supporting guidance for trustees and<br />
pension providers setting out how they should<br />
meet their obligations to monitor the payment of<br />
contributions due to be paid, provide information to<br />
members, and report material payment failures to both<br />
the regulator and scheme members.<br />
<strong>The</strong>y build on current good practice and existing<br />
legal duties, as well as focusing on establishing clear<br />
accountabilities for achieving good outcomes for<br />
members. We also published a quick guide for employers,<br />
providing clear information to employers on paying<br />
contributions, including information on how to calculate,<br />
deduct and pay contributions.<br />
<strong>The</strong> codes of practice and<br />
supporting guidance address<br />
comments made in response to<br />
the consultation. For example, clarification of the<br />
duty on trustees and managers to monitor<br />
contributions due to the scheme and in particular,<br />
that an effective monitoring system should be<br />
proportionate and risk-based.<br />
<strong>The</strong> draft codes of practice have been laid before<br />
Parliament and the Northern Ireland Assembly. After<br />
the process is completed, these codes are expected to<br />
come into force in autumn <strong>2013</strong>.<br />
To see the consultation response and draft codes<br />
of practice, visit our website: www.tpr.gov.uk/<br />
doc-library/maintaining-contributions.aspx<br />
To see the quick guide for employers, go to:<br />
www.tpr.gov.uk/employers/<br />
contributions-funding-tax.aspx<br />
<strong>Stakeholder</strong> <strong>Update</strong> <strong>Summer</strong> <strong>2013</strong><br />
3
Latest<br />
developments...<br />
‘Our statement<br />
makes it clear that<br />
legislation requires<br />
the discount rate<br />
to calculate future<br />
liabilities (known<br />
as ‘technical<br />
provisions’), to be<br />
chosen prudently’<br />
Annual DB<br />
funding statement<br />
In May we published our annual funding<br />
statement primarily aimed at helping<br />
pension scheme trustees and sponsoring<br />
employers undertaking valuations with<br />
effective dates between 22 September 2012<br />
and 21 September <strong>2013</strong>.<br />
Our statement makes it clear that legislation requires<br />
the discount rate to calculate future liabilities (known as<br />
‘technical provisions’), to be chosen prudently, taking into<br />
account the yield held by assets of the scheme and/or<br />
the yield on Government or high-quality bonds. Trustees<br />
can use the flexibility available in setting discount rates to<br />
adopt an approach to best fit their circumstances.<br />
Trustees are also reminded that they should take into<br />
account what is reasonably affordable to the employer<br />
when agreeing contribution levels and should consider<br />
whether the current level of contributions can be<br />
maintained. For some employers it may be reasonable to<br />
make increases while others may find that they are unable<br />
to do so.<br />
To view the annual DB funding statement, visit our website:<br />
www.tpr.gov.uk/doc-library/statements.aspx#s8142<br />
Trustees are also encouraged to produce plans that<br />
take an integrated approach to managing the risks<br />
to their scheme, including funding levels, investment<br />
performance and the employer covenant.<br />
Finally, we also set out that we continue to evolve<br />
our suite of risk indicators as part of our filter<br />
mechanism for assessing recovery plans and that we<br />
would continue with our programme of proactive<br />
engagement with a selection of schemes undergoing<br />
<strong>2013</strong> valuations.<br />
Looking forward<br />
• DC code and response<br />
to the consultation<br />
• DC regulatory approach<br />
• DC compliance and<br />
enforcement strategy<br />
• Employer, IFA and accountant guides<br />
to choosing a quality DC scheme<br />
• <strong>Update</strong>d management committee guidance<br />
Continuing this busy year, we also expect to issue<br />
consultations on revisions to our defined benefit code<br />
and regulatory approach, record-keeping, public service<br />
pensions and trustee knowledge and understanding.<br />
<strong>Stakeholder</strong> <strong>Update</strong> <strong>Summer</strong> <strong>2013</strong> 4
Latest<br />
developments...<br />
‘<strong>The</strong>re is a lot<br />
going on, and<br />
we are all working<br />
together to<br />
build confidence<br />
in workplace<br />
pensions’.<br />
Corporate plan <strong>2013</strong>-<br />
2016 published<br />
In May, we published our Corporate plan<br />
for <strong>2013</strong>-2016, setting out our strategic<br />
approach to regulating defined benefit (DB)<br />
and defined contribution (DC) schemes and<br />
maximising employer compliance with new<br />
automatic enrolment duties.<br />
We held our annual stakeholder conference on the same<br />
day and set out for you our priorities, as well as hearing<br />
from some of you on what challenges there are facing the<br />
industry. <strong>The</strong> key message for the day was that there is<br />
a lot going on, and we are all working together to build<br />
confidence in workplace pensions.<br />
Thanks to those of you who attended, and also to the<br />
presenters, Tim Thomas from EEF, Craig Berry from TUC<br />
and Roger Mattingly from SPC.<br />
Trustee updates<br />
Trustee toolkit<br />
<strong>Update</strong>s to ‘Funding your DB scheme’, ‘DB recovery<br />
plans’, ‘Contributions and funding principles’ and<br />
‘How DB schemes work’ have been made to reflect<br />
the challenges that DB trustees face in the current<br />
economic environment. For those trustees who have<br />
already completed these modules and the toolkit,<br />
we recommend they go and have a look and refresh<br />
their knowledge. For those who are in the process<br />
of completing the toolkit, we recommend that they<br />
complete the new versions of the modules.<br />
Guide for new trustees<br />
Aimed at people new to the role of trustee and also<br />
to those who may be considering becoming a trustee,<br />
it sets out roles, responsibilities and our expectations,<br />
and promotes the resources we can provide to help<br />
them gain a deeper understanding of the role. We’ll<br />
be emailing a link to this to chairs of pension schemes,<br />
so that they can pass this on to new trustees or anyone<br />
thinking of becoming a trustee.<br />
Read the Corporate plan<br />
here: www.tpr.gov.uk/about-us/<br />
corporate-plans.aspx<br />
To see the DB modules, visit our Trustee toolkit:<br />
https://trusteetoolkit.thepensionsregulator.gov.uk/<br />
arena/index.cfm<br />
<strong>Stakeholder</strong> <strong>Update</strong> <strong>Summer</strong> <strong>2013</strong> 5
Latest<br />
developments...<br />
Automatic enrolment<br />
monthly reports<br />
Beginning in April, we have begun to publish monthly<br />
information on automatic enrolment, derived from<br />
information submitted by employers when they register,<br />
supplemented by annual reports including additional<br />
analysis and commentary. This report shows, on a<br />
cumulative basis, the number of employers who have<br />
registered with the regulator on completion of their<br />
automatic enrolment duties.<br />
By the end of May, over 600 employers had registered<br />
with us. You can read the latest figures here:<br />
www.tpr.gov.uk/doc-library/research-analysis.aspx#s5188<br />
Feedback<br />
We hope you find this update useful. Please do get in<br />
contact if you have any feedback via the stakeholder<br />
team at: stakeholder@thepensionsregulator.gov.uk<br />
<strong>Stakeholder</strong> <strong>Update</strong><br />
© <strong>The</strong> <strong>Pensions</strong> <strong>Regulator</strong><br />
<strong>Summer</strong> <strong>2013</strong><br />
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