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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
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#1
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My wife has been informed that her final salary pension scheme is being
wound up, and that the replacement will be the setup whereby it becomes a personal pension and the company contributes as well as the employee. Can they change the pension scheme in this way without authority? She can't remember if she signed anything to say this was okay, but even if she did, she certainly didn't receive any advice about whether or not it was wise or advisable so to sign. It has been suggested that the services of a financial advisor be employed, bit I'm concerned that the cost of this could well meet or even exceed the value of the fund in question, so perhaps not the best idea. What is the legal situation on this matter? -- Remove stars for email g*a*r*y*@*k*l*i*n*g*o*n*.*o*r*g*.*u*k* .. |
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#2
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"Gary" wrote in message ... My wife has been informed that her final salary pension scheme is being wound up, and that the replacement will be the setup whereby it becomes a personal pension and the company contributes as well as the employee. Can they change the pension scheme in this way without authority? She can't remember if she signed anything to say this was okay, but even if she did, she certainly didn't receive any advice about whether or not it was wise or advisable so to sign. It has been suggested that the services of a financial advisor be employed, bit I'm concerned that the cost of this could well meet or even exceed the value of the fund in question, so perhaps not the best idea. What is the legal situation on this matter? Very murky in my view, but loads of firms are doing it and getting away with it. It's a matter of contract. Usually firms are careful to draw up the employment contract to allow them to do things like this. Challenging them can be very expensive. |
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#3
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"Gary" wrote in message
My wife has been informed that her final salary pension scheme is being wound up, and that the replacement will be the setup whereby it becomes a personal pension and the company contributes as well as the employee. Can they change the pension scheme in this way without authority? She can't remember if she signed anything to say this was okay, but even if she did, she certainly didn't receive any advice about whether or not it was wise or advisable so to sign. It has been suggested that the services of a financial advisor be employed, bit I'm concerned that the cost of this could well meet or even exceed the value of the fund in question, so perhaps not the best idea. What is the legal situation on this matter? Perfectly legal. The company had to provide as much support (contribution) as necessary to keep the final salary scheme afloat. With the downturn in the stock market in recent years many companies have found the contributions crippling and have closed their final salary schemes. The alternative in some cases might have been a bust company and a bust pension scheme. Better to change the scheme before that happens and everyone loses. The financial advisor is probably suggested in order to try to ensure that every contributor to the existing pension scheme receives "best advice" on the subsequent pension arrangements - join the new scheme or make your own arrangements, what to do with the contribution from the current scheme, etc. The company may pay the financial advisor or he may not charge. In the latter case he would make his money from the pension he arranged for you. Worth investigating how he is funded and what, if anything, you would have to pay. -- Old Codger e-mail use reply to field What matters in politics is not what happens, but what you can make people believe has happened. [Janet Daley 27/8/2003] |
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#4
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Old Codger wrote:
Perfectly legal. The company had to provide as much support (contribution) as necessary to keep the final salary scheme afloat. With the downturn in the stock market in recent years many companies have found the contributions crippling and have closed their final salary schemes. The alternative in some cases might have been a bust company and a bust pension scheme. Better to change the scheme before that happens and everyone loses. The financial advisor is probably suggested in order to try to ensure that every contributor to the existing pension scheme receives "best advice" on the subsequent pension arrangements - join the new scheme or make your own arrangements, what to do with the contribution from the current scheme, etc. The company may pay the financial advisor or he may not charge. In the latter case he would make his money from the pension he arranged for you. Worth investigating how he is funded and what, if anything, you would have to pay. The only advice (and the company has been clear to point out that this is not, in fact, advice) is to either (A) take out a new personal pension and transfer the fund to that. Even though they state they do not give advice, they helpfully provide an illustration from a (I assume) favourable (to themselves in the form of commission???) pension company. Or you can apply to them and have a new illustration drawn up showing what might happen if you transfer this fund to the companies current (not final salary) scheme - the very fact that this is not the default action makes me think they _want_ you to take out the new scheme. Or you can hire your own advisor. They have helpfully provided three incomprehensible forms to help you through this. There has never been the offer of a free financial advisor or any guidance from the company or its financial advisors about what is best. The employees basically must DYOR (for better or worse), pay for advice or guess what's best. -- Remove stars for email g*a*r*y*@*k*l*i*n*g*o*n*.*o*r*g*.*u*k* .. |
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#5
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"Gary" wrote in message ... Old Codger wrote: Perfectly legal. The company had to provide as much support (contribution) as necessary to keep the final salary scheme afloat. With the downturn in the stock market in recent years many companies have found the contributions crippling and have closed their final salary schemes. The alternative in some cases might have been a bust company and a bust pension scheme. Better to change the scheme before that happens and everyone loses. The financial advisor is probably suggested in order to try to ensure that every contributor to the existing pension scheme receives "best advice" on the subsequent pension arrangements - join the new scheme or make your own arrangements, what to do with the contribution from the current scheme, etc. The company may pay the financial advisor or he may not charge. In the latter case he would make his money from the pension he arranged for you. Worth investigating how he is funded and what, if anything, you would have to pay. The only advice (and the company has been clear to point out that this is not, in fact, advice) is to either (A) take out a new personal pension and transfer the fund to that. Even though they state they do not give advice, they helpfully provide an illustration from a (I assume) favourable (to themselves in the form of commission???) pension company. Or you can apply to them and have a new illustration drawn up showing what might happen if you transfer this fund to the companies current (not final salary) scheme - the very fact that this is not the default action makes me think they _want_ you to take out the new scheme. Or you can hire your own advisor. They have helpfully provided three incomprehensible forms to help you through this. There has never been the offer of a free financial advisor or any guidance from the company or its financial advisors about what is best. The employees basically must DYOR (for better or worse), pay for advice or guess what's best. Calm down. There is a way through this maze. First you have to decide whether there is anything you can do or want to do about the abolition of the Final Salary scheme. Second, assuming the FS scheme is closing down, you need to find somewhere for her money held within that scheme. These schemes normally contain a fall-back option, which is for the trustees to buy a non-profit deferred annuity to equal your wife's entitlement to a pension calculated under the rules. Where there is a deficit, she might only get part of the pension, but it is no longer possible for the employer to walk away from the deficit. Third, obtain illustrations for all of the options on offer. Insist that those illustrations include the figures for commission payable to the advisers. Fourth, I doubt that the employer is getting a kick-back in commission from the IFA, but you are certainly entitled to ask the IFA. |
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