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 Wednesday, 18 December, 2002, 15:50 GMT
Pensions: Your questions answered
Malcolm McLean, chief executive of the Pensions Advisory Service (Opas)
Malcolm McLean of the Pensions Advisory Service
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.

This is the second part of Malcolm's answers.

News image
Your questions answered (part two):

  • Q: I am now 65yrs and at present must retire by Aug 31st 2003, do the proposals mean I can work on longer if I so wish.
    Jim Robb, Scotland

    A: I'm afraid not, the green paper proposals are not law. The change to allow flexible retirement must be brought in by December 2006, when a new European directive comes into force. We hope it may be introduced earlier.

  • Q: Sir, I currently have a personal pension plan with more than �1.4m of investments. I read that a new limit of 1.4m will be implemented, beyond which some recovery tax would be applied. Will this apply retroactively or only on any additional contributions I would make after the new rule has been applied. Thank you for your help.
    Yves, UK

    A: We understand at this stage that the proposals will not be retrospective and the funds you have built up at the date of introduction of these proposals (which it is hoped will be in April 2004) should be protected. There is a consultation period of three months after which it is hoped that more definite proposals will be brought forward and we will have a clearer idea about the rules.

    Q: I am 61 and receiving my state pension. I am also continuing to work. Is it OK to continue working? I declare my pension on my tax return.
    Mrs Morris, UK

    A: Receipt of the state pension is not dependent on you having finished work, you can therefore continue to work and draw your pension for as long as you are able. The only implication is tax, which you appear to realise.

  • Q: I have 4 private pension funds due in January 2003. Should I use them or keep them to see if they increase in value?
    Roger Tuck, UK

    A: We cannot give you definite financial advice as to what you should do. Obviously, however, your personal needs are very relevant here. You could consult an independent financial adviser. However, at the end of the day there is no one who can predict what will happen to the stock market or other investment returns. As you have four funds, one idea might be to draw some of the benefits or from some of the funds and leave others, but we cannot say that is necessarily right for you.

  • Q: At the age of 59 I have been paying DHSS subs since I started work. Do the latest political moves mean that my State pension will be affected after all those class A payments.
    David Shaw, Philippines

    A: If you have been paying National insurance contributions under the UK state pension scheme, you will have built up an hopefully entitlement hopefully to a state pension. This will be unaffected by the Green Paper. You can obtain a forecast.

  • Q: I'm 24 and have a company pension scheme, but not sure what it's all about, how much should I be saving??
    S P Bling, UK

    A: Generally, being a member of a company pension scheme is a good idea, as you will receive the benefit of the company's contributions. If you do not understand the way the scheme works, ask your personnel department to let you have a contact address for the trustees. You can then ask for a copy of the scheme booklet. In terms of saving for a pension, it is an individual decision but you may get some guidance from the Financial Services Authority/Association of British Insurers calculator, which you can find at http://www.pensioncalculator.org.uk or access it through http://www.bbc.co.uk/pensions.

  • Q: The owner of my old company withdrew �1.48m from the company pension scheme along with �300k worth of property and transferred this to his own Sipp (personal pension fund).He later announced that our pension fund was in deficit. The Company made up the deficit to M.F.R. requirements and wound up the final salary scheme for all current members. The result of this is that I Will receives a pension of 38% of my accrued benefits if I leave my "pot" with them. After 34years in the final salary scheme I feel as though He has stolen my future. OPAS state that as long as the Company has covered the M.F.R. then there is nothing that can be done. Justice-Please!
    Bernard Coonan, UK

    A: We are not happy about the workings of the minimum funding requirement or the regulations covering the amount of company debt in these circumstances. The Green Paper has said there may be changes in the form of greater protection, but we will be pressing very strongly for these to be introduced. I note what you say about the response you have received from Opas, the question that is relevant here is whether the owner of your former company was legally entitled to this level of benefit. If you are unhappy with the response you have received, please contact us again.

  • Q: Very interested in today's item on pensions as my wife has just reached 60. She has a small company pension due to start, and we have been advised that as this sum will produce a pension of less than �260 per annum, she can take a lump sum. Fine, but from a gross sum of �4,545, her pension scheme administrators say they will need to deduct tax at 20%, leaving a residual balance of �3,636. Is this correct, and/or will my wife (a non tax payer), be able to reclaim this amount? Many thanks. Ian Dickins
    Ian Dickins, England

    A: I am afraid that it probably is correct that tax at 20% will have to be deducted.

    I agree with you that this is quite unfair in your wife's circumstances and we have already taken this issue up as a point of principle with the Inland Revenue.

    Unfortunately, there was nothing in the Green Paper which would help your situation.

  • Q: If they like people to work beyond their pension date why do they not provide a tax incentive, if by going to work you just incur more tax then why do it?
    Terence Kichenside, UK

    A: People working beyond 65 will receive a higher tax allowance. From the tax year 2002 to 2003, it is �6,100 for people between 65 and 74, and �6,370 beyond the age of 75. This is compared to �4,615 for people under 65.

  • Q: I am 49 years old and turn 50 in June 2003. I was planning to take my pension from then. Will this no longer be possible?
    Clive Piggott, UK

    The government has said it plans by 2010 to change from 50 to 55 the earliest date at which you can draw pension benefits. It is not yet known how it will be phased in.

  • Q: if have been investing in AVCs with Equitable Life with profits fund 60� a month should I continue to save in this fund or switch to either, Equitable Life cash deposit, Prudential with-profits, Legal & General-mixed unit linked fund, Clerical Medical-Ethical Unit-Linked Fund or should I consider some other form of investment to bolster my pension
    Alan Bird, England

    A: We can not give specific financial advice. However, you should think very carefully and possibly obtain independent financial advice of your own before continuing to make any more payments to Equitable Life. There is ongoing concern over the viability of Equitable. It appears the trustees of your pension scheme offer other AVC options, which it may be worthwhile considering. If you earn less than �30,000 a year you may also have the option of taking out a stakeholder pension.

  • Q: have left my employer and have with them a final salary pension but I do not plan to take the pension for a few years yet. The recent headlines regarding the closure of similar schemes are now causing me concern. If my previous employer closes the current final salary scheme will I still be eligible for my pension based upon the final salary scheme which was in place when I left the company or will I only be entitled to whatever the new scheme dictates? Also, based on "a bird in the hand being worth two in the bush" should I take the pension now before the government "fiddles" with it? Many Thanks
    Philip Lacey, U.K.

    A: The current regulations governing the amount an employer has to put into a pension scheme when there is a deficit on winding up only requires the benefit provided up to a level of what is known as the Minimum Funding Requirement (MFR).

    This will not enable the trustees to meet the full pension promise for people who have not yet retired. Generally speaking, the closer you are to retirement the higher the percentage of the full pension that will be covered. People in receipt of pension currently have a higher level of priority if the scheme winds up. In these circumstances, the employer is required to bolster the funds to enable pensioner's benefits to be provided in full.

    The government has put forward a possible range of measures which may increase the level of protection for deferred members, but it is not known which - if any - of these will be introduced.

  • Q: I am 35 years old and have a paid-up personal pension valued at �35,000. With the interest accruing on this amount until I retire is there any need for me to continue paying into a pension?
    Julian Bradbrook, England

    A: Unfortunately, Julian, it is not as simple as that. Even if the fund in which your personal pension is invested performs fantastically well, it is very unlikely that it will provide you with sufficient income in retirement (depending on your requirements). Between now and the date you retire, the purchasing power of your fund will be affected by inflation as well as other factors, such as, the level of annuity rates when you retire. The Financial Services Authority, the city watchdog, and the Association of British Insurers have recently produced a calculator to help people calculate their retirement income. There is a link on BBC News Online's pension special, http://www.bbc.co.uk/pensions.

    For more specific guidance you would need to seek advice from an independent financial adviser.

  • Q: Dear Malcolm, Firstly thank goodness for OPAS and all the good work that you do. Occupational Pension schemes from my experience are deep in secrecy and the Company that runs the scheme basically feel that they own the money!. Trustees have to be approved by the company and they can get rid of anyone that they do not like. In our scheme (Calor) they have 3 employee and 6 company nominated. As far as benefits go they have used the scheme as they wanted to by bestowing different benefits on some members. In our scheme those people who have worked the longest and joined the scheme prior to 1987 get far worse pensions than those who joined after 1987 as they only have to work 20 years. If you try and get information on these kind of issues you face a very straight bat. What changes would you make to ensure that better information is available to members?
    Brian Fisher, UK

    A: Members of pension schemes have the statutory right to access information and documents about their pension scheme. One of the problems we see at the moment is that there is no requirement to inform them of that right. Members can, for example, request copies of trustees annual reports or the rules of the scheme.

    There was some mention in the Green Paper about improving access to information on pension schemes, particularly with work-based schemes. We will be interested to see what detailed proposals are brought forward. In the meantime, if there is any information you have difficulty getting, then please get in contact with us at Opas.

    News image

    The opinions expressed will be 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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