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ACA calls for changes to DB surplus payment rules

Kirsty Cotton said: “The rules should support, rather than constrain, sensible decisions to share surplus with members.”

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The Association of Consulting Actuaries (ACA) has called for changes to proposed defined benefit (DB) pension scheme surplus payment rules amid concerns they would be difficult to use in practice.

This comes as the association welcomed HMRC proposals to allow defined benefit (DB) pension schemes to make direct authorised member surplus payments (AMSPs).

However, it called for changes to the proposed restrictions on schemes in wind-up and the requirements brought across from employer surplus payment rules.

The ACA said trustees may only know how much surplus is available later in the wind-up process, once benefits have been bought in and remaining costs are clearer.

It warned that blocking payments at this stage could push schemes towards increasing insured benefits, delaying payments to members and tax receipts for the Exchequer.

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Kirsty Cotton, chair of the pensions taxation committee at the ACA, said: “As well-funded ongoing DB schemes gain the flexibility to return surplus to employers, it is only right that members should also have a workable route to receive a share of surplus directly. 

“However, trustees of schemes winding up would welcome a similar option. 

“Excluding these schemes risks cutting off that flexibility at exactly the point when trustees may have much greater certainty over what surplus is genuinely available.”

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Cotton added: “Removing the option of making a straightforward taxable payment at that stage could drive schemes towards less flexible alternatives.”

“We are also concerned that the proposed process for paying members appears to have been imported wholesale from rules designed for payments to employers. 

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“If applied literally, the apparent requirement to pay potentially thousands of members within five working days would be impractical and risks undermining the purpose of the reform.”

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She said: “The rules should support, rather than constrain, sensible decisions to share surplus with members.”

The ACA also called for HMRC to reconsider notification, actuarial certification and payment deadlines for AMSPs.

It sought clarification on how payments would be handled when a member transferred their benefits or a scheme moved towards wind-up.

The ACA asked HMRC and the Department for Work and Pensions (DWP) to provide a way for these payment rights to be transferred or secured without unintended tax consequences.

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Cotton said: “The regime must also function when circumstances change for members. 

“An AMSP awarded while a scheme is running should not become a practical barrier if a member later transfers to another scheme, or if the scheme needs to transfer or insure its benefits. 

“HMRC and DWP must ensure the rules do not leave those entitlements difficult to accommodate when benefits move elsewhere.”