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Budget 2014: A Historic day for Pensions, say Hogan Lovells

20 March 2014

20 March 2013 - The Budget 2014 contained a raft of 'radical' changes to the way in which members of defined contribution (DC) pension schemes can access their benefits in the future, advises Hogan Lovells.

These changes are designed to give individuals more flexibility over how they take their benefits at retirement, and to ensure they can make informed decisions about the choices available to them.

Commenting on the changes, Faye Jarvis, Of Counsel in Hogan Lovells' pensions team, said:

"Whether members will be able to take full advantage of these changes will depend on the rules of their scheme. Employers can expect a flood of queries from members wanting to understand their options and so they will need to know what is currently permitted under the rules and what, if any, changes need to be made. Some employees may also decide to delay their retirement until all of these changes come into effect".

The key proposals expected to come into force from April 2015 include:
• Ability for individuals to fully withdraw their DC pension pot from age 55, subject to their marginal income tax rate (rather than the current 55% rate)
• All DC members to be offered free and impartial guidance on their options at retirement
• A ban on transfers from public service defined benefit schemes to defined contribution schemes (the Government is consulting on whether this ban should be extended to private sector schemes)

Faye continued:

"While the increase in flexibility is to be largely welcomed, there must be a residual concern that some people will withdraw all of their pension savings at 55 and end up being left with nothing in their retirement. Whether the Government will decide to introduce some form of safety net (perhaps by requiring individuals to invest a proportion of their fund in a product like an annuity) remains to be seen".

Of Counsel Nicola Rondel added:

"While the introduction of a duty to provide free and impartial guidance to members at retirement is good news for IFAs, trustees and employers will want to understand who will be required to pay for the additional cost of providing this guidance. Will the Government allow the cost to be met from members' pots or will it require employers to pick up the tab – we suspect the latter is more likely.

"Another big concern for employers and trustees will be to ensure that they cannot be held liable if the advice provided to members subsequently turns out to be poor.

"We think the concerns about a mass exodus from defined benefit schemes could be unfounded as there will always be a lot of people who want the security of a guaranteed level of income at retirement".

In the meantime certain changes to the existing system will come into force from 27 March 2014, including:
• An increase on the overall pension savings that can be taken as a lump sum from £18,000 to £30,000
• An increase in the size of a single pension pot that can be taken as a lump sum (regardless of overall pension savings) from £2,000 to £10,000
• An increase in the capped drawdown limit from 120% to 150%
• A reduction in the minimum income requirement for flexible drawdown from £20,000 to £12,000


About Pensions360

Hogan Lovells' broad cross-practice capability covers the full spectrum of legal advice from lawyers who understand pension clients; advising on issues from scheme investments, corporate restructurings and transactions, to funding solutions and interaction with the Regulator or the courts.

The ability to draw on experts from other practices who are not only experts in their field but have an in-depth understanding of pension issues sets us apart from our competitors and we have a track record of devising and implementing creative and practical solutions to meet our clients' needs.

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