Posted May 19th, 2011
I am currently dealing with an interesting case which involves two parts of the same scheme.
Unfortunately, at outset the clients received two different cash equivalent transfer values (under separate cover) and the assumption was made that the schemes were different. This was a fair assumption at the time given that one scheme provided for money purchase benefits and the other defined benefits. An actuarial report was undertaken and it was agreed that each scheme would be shared differently (100% for the money purchase / 31% for the defined benefit).
What happened next was ridiculous. The credit member’s solicitors sent the two pension sharing orders to the scheme involved for pre-approval before submission to court and they were approved. Only when the orders were submitted to the scheme for implementation were they rejected with the scheme confirming that only one pension sharing order can be set against one pension scheme. The two schemes were in fact two sections of the same scheme.
Now we are left with the situation where we have two pension benefits which the clients have agreed to share in different ways (100% and 31%) and a single pension sharing order is too blunt an instrument to deal with sharing the benefits differently. The scheme is insisting on one pension sharing order and they will not allow for the benefits to be shared differently.
We now have to look at alternatives. The key is to check each pension benefit carefully before proceeding.
If you are experiencing difficulties with your pension sharing order and would like some advice, please do not hesitate to contact me on 01204 663904 or email phil@thedivorceifa.co.uk
Tags: Actuarial Report, Cash Equivalent Transfer Value, Defined Benefit, Money Purchase, Pension Scheme, Pension Sharing, pension sharing order | Posted in Pension Sharing |
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Posted April 1st, 2011
In the last few weeks an increasing number of clients have approached with pension sharing orders which need implementing as the existing scheme is not prepared to offer an internal transfer and they do not know what to do.
They themselves are members of final salary pension schemes (usually Public Sector) and have found out at the last moment of the divorce that their existing pension scheme will not allow their pension share to be transferred in.
So what next? - The pension transfer has to go somewhere and it is up to the client to set up a new pension arrangement to accept the transfer.
If this is you and you would like advice from a Resolution Accredited Independent Financial Adviser on how best to approach the implementation of your pension sharing order then call me on 01204 663904 or email – phil@thedivorceifa.co.uk
Tags: Divorce, Final Salary Pension Schemes, internal transfer, Pension Scheme, Pension Sharing, pension sharing order, Pension Sharing Orders, Pension Transfer, Resolution Accredited Independent Financial Adviser | Posted in Pension Sharing |
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Posted March 29th, 2011
The period of appeal against a financial order is being extended from 14 to 21 days from 6 April 2011. This increase is set out here – http://www.justice.gov.uk/family/procrules/preview/parts/part_30.htm#IDAMDWJC
Therefore, it is essential to factor this issue into your discussions and arrange for Decree Absolute at least 28 days after the date of the pension sharing order.
In my opinion, very little thought is given to the timing of orders and this can be critical in ensuring that sufficient time is given to advising on the implementing of the pension sharing order.
If you need advice on pension sharing or on a pension sharing order, please do not hesitate to contact me on 01204 663904 or phil@thedivorceifa.co.uk
Tags: Pension Sharing, pension sharing order | Posted in Pension Sharing Order, Uncategorized |
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Posted March 11th, 2011
Sometimes I am staggered by the enquiries I receive and the lack of knowledge and understanding shown by the pension trustees and companies involved in divorce towards the spouse. This one involved the Local Government Pension Scheme and highlights what can happen when the information provided to the ex-spouse is incorrect.
“I have a share of my ex-husband’s LGPS pension which I am very grateful for. He will receive his pension at 60 – 3 months before my 60th birthday. Although I have received (incorrectly as it now seems)information for 6 + years stating that I would receive my “share” at 60, I have now been told that the scheme only pays out at 65 unless I take a substantial reduction. If we had still been together this money would have all been paid at my ex’s 60th. I am only able to work part-time due to health issues. I am 54 now and struggling somewhat. I will have to take my pension at 60 regardless. I have no other income. Is there anything at all I can do? It seems so strange that something meant to even out financial situations should discriminate so much. Thank you for your time.”
This issue has a name – income gap syndrome – and it refers to the fact that the existing member will receive his pension benefits at age 60 but the pension credit member cannot access her pension on the same terms until age 65. She has to take a reduction to draw it at 60. Therefore, there is a gap which should be bridged. However, it was too late to go back as the pension sharing order had been implemented and she confirmed:
“I will take the pension credit at a reduced rate when I am 60. It is just so unfair that the LGPS sent me incorrect information which I based my future plans on.”
So check exactly what is being offered in terms of your pension sharing benefits and when they will be paid!
If you would welcome some assistance on your pension sharing options, please feel free to contact me on 0800 092 1229 or email me phil@thedivorceifa.co.uk
Tags: Divorce, Income Gap Syndrome, Pension, Pension Sharing, Pension Sharing Options, Trustees | Posted in Pension Sharing |
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Posted March 7th, 2011
“As a result of divorce, I have a pension sharing order and will have £123,000 to transfer into a pension fund. I do already have a Standard Life Personal Pension with just a few hundred pounds in it. I’ve now got the next 3 months to set up a pension fund so I want to ensure that I find the right pension.”
Following on from my previous blog this is an example of why checking – what type of pension scheme is involved and finding out what the pension sharing options are – is so important. The client was under the impression that she had to transfer the benefits externally and was worrying about investments, charges, etc.
Once I had established that the scheme involved was the Police Pension Scheme I was able to advise her that the only option available was an internal transfer. The decision making was over and it was a relatively simple exercise implementing the pension credit within the Police Pension Scheme.
Why wait until the pension sharing order has been agreed before finding out what your options are?
If you would welcome some assistance on your pension sharing options, please feel free to contact me on 0800 092 1229 or email me phil@thedivorceifa.co.uk
Tags: Divorce, internal transfer, Pension, Pension Fund, Pension Sharing, Pension Sharing on Divorce, Pension Sharing Options, pension sharing order, Personal Pension, Transfer | Posted in Pension Sharing |
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Posted March 4th, 2011
“I am about to receive a pension sharing order and need advice about investment”
This is a very popular question and the first thing I always do is to double check the information provided on the pension sharing options with the existing pension scheme. The reason I double check is often the information provided to the spouse is appalling and it is often incorrect. I see misinformation provided on a daily basis!
Internal transfer or external transfer?
Sometimes the pension scheme will offer an internal transfer of benefits and you can remain in the scheme. Often the benefits on offer to you are good and worth staying in the scheme for. You should be looking for true shadow membership.
But if you have to exit the scheme (and this is very common) it is necessary to check what schemes are available for the pension credit to go into. Questions to consider are:
• Do you have any personal pensions already?
• Do you have a works scheme? And can this take the transfer?
• If not, what is on offer from the market.
Advice on the most suitable pension to transfer your pension credit should be taken. Ensure your adviser is suitably qualified. The Financial Services Authority insists on a certain level of qualification to undertake this work.
Investment
On an external transfer the investment of the pension will be important because you will be taking on two new risks – how it performs between now and your retirement and how much income you will eventually draw out at retirement.
If you are a long time from retirement you could consider investing in growth assets (equities/property) which tend to be more risky or if it is a short time to retirement more defensive assets (cash / gilts) to protect your capital value. Setting a goal in terms of retirement income is also advisable.
When working with my clients I undertake a thorough review of their attitude to risk and tolerance to risk, their options in terms of pension sharing and from this provide advice on the most suitable pension arrangement and investment strategy to meet their goals.
If you would welcome some assistance on your pension sharing order, your options and how to get it implemented, please feel free to contact me on 0800 092 1229 or email me phil@thedivorceifa.co.uk
Tags: external transfer, internal transfer, Investment, Pension, Pension Credit, Pension Scheme, Pension Sharing, Pension Sharing on Divorce, Pension Sharing Options, pension sharing order, Personal Pension, Retirement, Shadow Membership, Transfer | Posted in Pension Sharing |
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Posted February 28th, 2011
This month I have received an increasing level of enquiries concerning pension sharing orders and in particular, where is my pension?
What seems to be happening is that a pension share is being agreed (without any guidance) at a certain percentage (this month they seem to be ranging between 35% and 55%) and then nothing is happening with regard to any paperwork.
To get your pension share at retirement it is important to conclude the paperwork at the time of divorce, otherwise you can encounter problems later – See my previous blog on a shocking pension sharing case – http://www.thedivorceifa.co.uk/pension-sharing/pension-sharing-more-recent-issues
So if you have agreed a pension sharing order it is important to do the following:
- Contact the pension scheme involved and ask them to confirm how they deal with a pension share and what paperwork they need completing.
- Organise the correct court paperwork – pension sharing order, consent order, decree absolute and any other paperwork (existing and/or new pension scheme).
- Pay the pension sharing charges.
If you complete this paperwork then implementation of the pension sharing order should occur. Don’t wait to your retirement to ask where is my pension?
If you would welcome some assistance on your pension sharing order, your options and how to get it implemented, please feel free to contact me on 0800 092 1229 or email me phil@thedivorceifa.co.uk
Tags: Pension, Pension Scheme, pension share, Pension Sharing, Pension Sharing Case, Pension Sharing Orders, Retirement | Posted in Pension Sharing Order |
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Posted February 24th, 2011
Are you struggling to understand the content of your actuarial report? Have you appointed a joint expert to report on pension sharing and now you are more confused than ever?
You are not alone. Many clients approach me with questions about their actuarial report – the percentages used, the cash equivalent transfer values and more general issues around the terminology used. You may even be thinking why have we had this report done because it has confused me even more.
The most important questions are often simple – what does it mean and how will it affect me?
Why delay? I offer a free, no obligation review of your actuarial report. I will provide you with some initial comments to help you decipher your report and give you some context to the actuary’s comments.
Why not call me now on 0800 092 1229 to arrange or send your report by email to phil@thedivorceifa.co.uk and I will let you have my thoughts.
Let me demystify your pension sharing report today.
Tags: Actuarial Report, Cash Equivalent Transfer Value, Joint Expert, Pension, Pension Sharing, Pension Sharing Report | Posted in Pension Sharing |
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