Pensions & divorce – The end of compulsory annuitisation?

Posted July 30th, 2010

From 2011/2012 the Government announced in its budget their intention to remove the compulsory need to purchase an annuity from age 75.

As an interim measure, legislation will be written into the Finance Bill 2010 to increase the purchase age to 77. This increase in the age to 77 by which time the member must secure an income has effect on or after 22 June 2010. The change applies equally for Inheritance Tax purposes to members who die on or after that date.

Since April 2006, it has not been compulsory to purchase an annuity at age 75 (although some individual schemes insist on it) when an alternatively secured pension (asp) became an option. ASP has not been universally popular due to the poor income rates and punitive tax charges (up to 82% on death!).

The Government intends to consult shortly on the finer detail of what is planned. Watch this space on developments which in my opinion, will have far reaching implications for divorce, annuities, annuity rates and retirement planning.

If you require any further assistance, please contact us on 0800 092 1229 or email advice@thedivorceifa.co.uk

Requesting a CETV for an NHS Pension on divorce – Help with form filling

Posted July 28th, 2010

I am often asked what forms are needed to enable a cash equivalent transfer value (CETV) to be calculated by the NHS Pensions Agency.

To enable the NHS Pension Agency to calculate the CETV they require pay and membership details from you and your employer. NHS Pensions rely on NHS employers to provide details of pensionable pay and membership of the NHS Scheme.

The forms required depend upon whether you are a contributing member or not.

Contributing member (or leaver within the last 12 months)

Form PD2 needs completing by your employer – a separate one is required for each NHS employment. Form PD1 needs completing by you.

Once both are completed, you need to send it to NHS Pensions, Hesketh House, 200-220 Broadway, Fleetwood, Lancashire, FY7 8LG.

Non contributing member

Form PD1 only needs to be completed and returned to the above address.

Timescales

They aim to provide the CETV within 6 weeks. Note that occupational schemes have 3 months to provide the CETV. You can pay extra to receive the CETV more quickly.

To avoid delays it is important that the forms are completed accurately. I am happy to provide further information on how the NHS deals with pensions on divorce.

If you require any further assistance, please contact us on 0800 092 1229 or email advice@thedivorceifa.co.uk

Collaborative Law & Resolution Accredited IFAs

Posted July 12th, 2010

As a Resolution Accredited Independent Financial Adviser (IFA) I am often asked to provide a summary of how we can work with clients through the Collaborative Law process. Below is taken from a flyer which is provided to the lawyers at the Greater Manchester POD.

HOW THE IFA WILL WORK WITH YOU AND YOUR SOLICITOR:

IFAs will be accredited by Resolution to work in the collaborative area, having undertaken training on the technical and cultural aspects involved, and passed an examination on the subject.

The IFA acts as a ‘financial neutral’ – rather than representing one party, their role is to assist all parties in highlighting issues and providing information that enables the collaborative process to move quickly and smoothly.

In addition to their specialist technical knowledge, IFAs can outline options to parties and comment on risk factors (eg in terms of pension options) which solicitors are unable to do as they are not authorised to give financial advice.

IFA’s can attend a first meeting with the Solicitors present, so as to display to the parties how they may add value to the process. At your discretion, IFAs can subsequently meet you without your solicitor being present, so as to control total costs.

EXAMPLES OF WHERE THE IFA IS ABLE TO HELP:

• Tax efficiency and mitigation if assets or investments are being sold as part of the agreement (eg ISAs, Capital Gains Tax issues).

• Pension-sharing issues under occupational final salary schemes, for both the scheme member and the ex-spouse.

• Issues surrounding individual pensions, including retirement options.

• The cost of replacing items under an employee benefits package for the ex-spouse (eg life cover, critical illness cover, private medical insurance).

• Mortgage availability and costings in relation to the marital home.

• Assessment of endowment policies and the options going forward.

• General financial education

• Budgeting exercises and lifetime cashflow projections to determine whether the agreed settlement will be sufficient to support the financial requirements of each party over time.

If you require any further assistance, please contact us on 0800 092 1229 or email advice@thedivorceifa.co.uk