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Wednesday, 18 December, 2002, 15:59 GMT
Pensions: Your questions answered
Malcolm McLean, chief executive of the Pensions Advisory Service (Opas)
Malcolm McLean of the Pensions Advisory Service
Are you puzzled about pensions?

As part of BBC News Online's special coverage of the UK's pensions crisis, Malcolm McLean, chief executive of the Pensions Advisory Service (Opas) and Ian Roylance, helpline manager, answered some of your questions about pensions and pensions reform.

Opas is a non-profit organisation which helps members of the public to resolve pension problems.

The answers are in two parts. This is the first part.

Your questions answered (part one):

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  • Q: I am a deferred member of a final salary scheme, during which time I also made AVC contributions. I tried to move the accumulated AVC contributions to another provider, but was told I could only do so if I also transferred my main scheme benefits. This seems most unfair. Why should my previous employer have this right when they are not partaking in any risk involved with the AVC investment ?
    CW, UK

    A: It is true to say that, under the current Inland Revenue rules, it is not possible for a member of a company pensions scheme to transfer their AVC fund, without also transferring their main scheme benefits.

    We understand however from the Inland Revenue that, whilst the Green Paper does not go into much detail, there is a general intention to remove as many restrictions on the movement or transfer of pensions as possible. We hope, therefore, that CW will be able to transfer his AVCs on their own when definite proposals are brought in, which will not be before April 2004.

  • Q: Is it still worth continuing to pay into the stakeholder pension? You hear that it is not very successful. Is it likely that something else will come in instead and that you might lose money already paid in last year? Are there any other alternatives to stakeholder pensions? Has Gordon Brown changed any of its provisions, i.e.the charge cap or the amount of tax relief of �3600 with 22% relief.
    A, UK

    A: Whether it is worthwhile for "A" to continue to pay into his/her stakeholder pension is very much an individual decision. However the idea that stakeholder pensions have not been very successful has been floated mainly due to the fact that their take up rate has been lower than the government had wished.

    This does not mean that the concept of a stakeholder pension is a bad idea. The 1% cap on the amount that the stakeholder pension provider can charge for managing the scheme remains a good thing. Furthermore, the flexibility of stakeholder pensions, through advantages such as the fact that there can be no charge for transferring the benefits to another scheme, still applies.

    There are no proposals in the green paper which would mean that stakeholder pensions should cease, or that there are any new alternatives to stakeholder. It is generally thought however that, where an individual is offered the opportunity to join a company pension scheme, it would be in their interest to do so.

    The Inland Revenue's proposals of creating one new tax regime mean that it would be much easier for people to mix and match their pension arrangements, so it would be possible for anybody to contribute to a company pension scheme and a stakeholder pension at the same time. The level of the contribution limit for all pensions in any year would be much more flexible at a 100% of their total earnings (subject to a maximum of �200,000), or �3600, whichever is the higher.

  • Q: Do you still receive the basic state pension when you have opted out of serps ?
    Alan, UK

    A: The answer to Alan's question is that people do still receive the basic State pension when they opt out of the second State pension (as the State Earnings Related Pension Scheme is now called)

    The level of basic State pension you receive depends upon your National Insurance contribution record. Anyone can obtain a forecast of their State pension entitlements by filling in a form called the BR19. If you call the Department for Work and Pensions Forecasting Dept on 0845 3000 168, they will assist you in completing the necessary forms over the phone, and then send you details of your forecast in the post within a target of the next 40 working days.

  • Q: I was formerly a member of the civil service pension fund, but had to leave when the work was transferred to EDS under TUPE, at this point I joined a special pension fund created for transitioning workers. Subsequently I found alternate employment and sought to take my EDS pension contributions to my new employer - they refused because there was insufficient funds, they felt, where does this leave my EDS pension ? What can I do with it, if anything. Also as TUPE covered my transition to EDS surely my pension arrangements should be equivalent to those I enjoyed under the civil service, however this doesn�t seem true as my current employer would have accepted my civil service fund.
    Fiona Jarvis, UK

    A: Unfortunately for Fiona, TUPE does not currently cover pension rights.

    There are proposals in the green paper however, that pension rights should be brought within the protection of TUPE (along with some different proposals on how this should be done).

    It is unlikely that they will assist Fiona however, as they are unlikely to be retrospective.

    Fiona should receive details of her pension options from the Trustees of the EDS Pension Scheme within 2 months of leaving service. They would normally be (assuming she has over 2 years service) to leave the benefits in the EDS scheme, or to transfer them to another pension arrangement.

  • Q:I have a personal pension plan. What happens if my pension company or, after retirement, my annuity company goes bust - does the Government or the pension industry provide safeguards or insurance? Should I take out insurance?
    Ril, UK

    A: The Financial Services Compensation Scheme (FSCS) has been established to safeguard the assets of an insurance company, should it become insolvent.

    If your insurance company were to become insolvent, the FSCS would initially try to secure continuity by transferring your policy to another insurer. If this was not possible, the FSCS will pay you a sum equal to 100% of the first �2,000 of your policy plus 90% of the remaining guaranteed value of your policy.

    It is therefore not necessary to take out personal insurance to cover your insurer's insolvency. In fact, we are not aware that such insurance exists.

  • Q: As an ex-pat, working in Switzerland, I have for some years assumed that the state will not help me in my old age - at all and have tried to make my own arrangements accordingly. Am I over-reacting?
    Tonto Kowalski, Switzerland

    A: To qualify for the minimum basic state pension when you reach your 65th birthday, you will need to have paid, or been credited with having paid, relevant National Insurance Contributions for at least 11 years of your working life. Relevant National Insurance Contributions include those paid in the UK and also some other countries, of which Switzerland is one.

    Therefore, if you are paying National Insurance contributions in Switzerland, you may be building up an entitlement to the UK state pension. However, your Swiss contributions will only be eligible if you are residing in the UK when you reach 65. Otherwise they will go towards your Swiss state pension.

    Anyone can obtain a forecast of their State pension entitlements by filling in a form called the BR19. If you call the Department for Work and Pensions Forecasting Dept on 0845 3000 168 (this is the number from the UK), they will assist you in completing the necessary forms over the phone, and then send you details of your forecast in the post within a target of the next 40 working days.

  • Q: I am 56 years old and have paid the 'Married Women's' stamp for 25 years. Prior to that I was employed in the Civil Service and the Armed Forces, then completed a full-time 3 year teacher training course. I sent for a pension forecast 2 years ago and was told I was entitled to 17p per week. I have been led to understand that there is a minimum amount payable at 60(pension age) but is 17p per week all I will really get? Thank you Jackie Gill
    Jackie Gill, England

    A: Currently the minimum state pension is �18.13 a week (2002/03) where the individual has paid at least a quarter of the qualifying years needed for a full pension. If you retire with less than a quarter, you will not get any basic state retirement pension. However, if you are a married woman with not enough National Insurance contributions to qualify for a basic state pension, it is possible to claim on your husband's contribution record. This could give you up to 60% of the full basic state pension, but you would need to wait until your husband had reached state pension age and claimed his pension.

    The Inland Revenue has produced a leaflet that provides more information. It is titled 'National Insurance contributions for women with reduced elections' and can be obtained from your local Inland Revenue Office.

  • Q: I joined my OPS in 1957 at the age of 22. Retirement age 62. I was put on early retirement in 1987 at the age of 52. In 1991 the company folded with the pension fund being merged with that of another company who had taken over some of the responsibilities of the company I worked for. The original OPS at this stage had a large surplus and all pensioners of the company I joined were given a 25% increase in pensions so that the new company could have the rest of the assets of the pension fund. However my increase was reduced to 17% because 25% would have exceeded Revenue Limits. Does the Green Paper alter my position?
    David Hoskin, England

    A: At the moment the Green Paper are a set of proposals, which may or may not be implemented. However, any changes are unlikely to be retrospective and therefore Mr Hoskin's entitlement would be unaffected.

  • Q: My wife has a year missing on her contributions to her state pension. What would you advise pay the outstanding amount or
    V,

    A: By making good the missing year of contribution, your wife would receive a guaranteed amount of pension from the state. She can obtain a leaflet called "Voluntary NI contributions (CA08)" by telephoning 0115 974 1670, or enquire from her nearest Inland Revenue Office the level of payment needed and the amount of pension she would receive in return. It is normally only possible to do this within six years.

    However, she may want to think about getting some financial advice as there are other savings options that she may want to consider, for example by maximising contributions into any existing private pension plan arrangements.

    Remember, advice will come at a cost.

  • Q: What will happen to your pension if you cease? Does it pass on to others and who?
    David Fond, UK

    A: By cease I assume David means die. If you die before retirement in a personal scheme, the value of your fund will be used to provide benefits for your beneficiaries. However, you need to check as some old style schemes were set up on the basis of giving no return on death.

    If you are in a company scheme, a lump sum and spouses pension may be paid. Sometimes children's pensions as well. If you are no longer with the company and have a deferred pension, there will usually only be a refund of your own contributions, often without interest, and maybe a small spouses pension payable. You need to check with the scheme what the situation is.

    If you are drawing your pension, then usually a lump sum will be paid if you die within five years of the pension being paid. The lump sum is the unpaid balance of the first five years of your pension. Normally a spouses pension will also be paid. The spouses pension is usually 50% of your own. Again check with the scheme if you are receiving a pension from a personal pension plan, you need to check your policy as to what is payable.

  • Q: I am 53 and in June 2003 I will be forced to take early retirement. I have contributed all my working life to a final salaried pension scheme. I have been offered early retirement with an actuarially reduced pension of 3% per year. This is subject to a high court ruling later this week. The company is American owned and after June there will be very few employees in the UK contributing to it. Should I take max pension or max lump sum and is there any legal requirement for the company to maintain my pension once I am a creditor.
    John Summers, England

    A: Taking more pension or more cash is a personal decision dictated by your own circumstances and you will need to take financial advice for which you will expect to pay. Once you have become a pensioner of the scheme, you currently are in the top priority category should the scheme be stopped and wound-up.

    If the company is solvent at that point, it must guarantee your pension but if it is insolvent, it will depend on the amount of money in the fund. However, given that you are in the top priority class, you should be okay unless these rules change.

  • Q: As the result of a corporate takeover I lost my job a year ago. I have elected to take my company pension from February 2003 when I reach the age of 50. My former employer has now realised that the job cuts were a little too severe and have offered me a lucrative short-term contract next year. In view of the pension am I able to accept this offer
    Ian Webb, United Kingdom

    A: The Inland Revenue currently will not allow you to draw a pension from an occupational scheme while you are working for the employer to whom the scheme relates. The situation is likely to change from April 2004 when new proposed Inland Revenue rules are expected to come into play.

    Alternatively you can defer drawing your pension until your short-term contract expires.

    One other choice is to take a transfer to a personal or stakeholder scheme and take your benefits early from that scheme. This is allowable but it could cost you. You will need financial advice before you would take this option.

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    The opinions expressed are Malcolm's, not the BBC's. The answers are not intended to be definitive and should be used for guidance only. Always seek professional advice for your own particular situation.


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