Pensions  

How to help clients understand contracting out

This article is part of
How to make sense of GMP clawback

The problem, as Sir Steve Webb, director of policy for Royal London, asserts, is that the rules that were put into place around GMPs are complex, and not easy for the lay member to understand, either at the time or now.

He says: "The rules around GMPs are complex, and a lot of these arrangements were put in place 30 years ago when computers were in their infancy and a lot of data was stored on paper with carbon copies - I kid you not - being sent to HMRC, etc."

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So there is - somewhere - a vast raft of out-dated paperwork that needs to be checked, paperwork that the average scheme member may not even have copies of, which makes it harder for their advisers to spot any potential problems when they carry out their reviews.

Additionally, GMP reconciliation may mean if a problem is spotted, the scheme will have to amend its GMP figures, which affects all scheme members, including some who may already be retired.

State pension impact

Clients may well be asking whether any reconciliation will have a greater impact rather than a simple request for repayment. The answer, sadly, is yes, and the matter has been further complicated by the move to a higher flat-rate pension in 2016. 

Ms Ingram comments: "All who have had years of contracted-out service will have had this taken into account when they drew their state pension, starting after April 2016.

"From April 2016, the old two-tier state pension, which offered a basic one to everyone and an earnings-related top-up to higher earners, was replaced with a higher flat-rate pension for all. 

"To qualify for the full state pension, individuals must have had 35 years or more of NI contributions. Any earnings-related state pension built up before 2016 will be protected and paid in addition to the new state pension, and from 2016 there will be no further accrual of earnings-related pension."

So far, so good. But when individuals, who were contracted out, reached state pension after 2016, there will be a deduction made from the new higher state pension. This deduction is known as the contracted-out pension equivalent (Cope).

Ms Ingram says: "It is assumed the GMP element of a final salary scheme or the fund accrued in an appropriate personal pension will be sufficient to make up for the Cope deduction - but this is not actually tested at the time of retirement."

This means an individual could potentially be several years into retirement without the shortfall having been assessed, and any underpayment of the GMP could result in a reduction of the state pension entitlement.