2015 Autumn Statement and Spending Review: key pensions announcements | Practical Law

2015 Autumn Statement and Spending Review: key pensions announcements | Practical Law

On 25 November 2015, the Chancellor of the Exchequer delivered his 2015 Autumn Statement and Spending Review. This update considers the implications for occupational and personal pension schemes.

2015 Autumn Statement and Spending Review: key pensions announcements

Practical Law UK Legal Update 7-620-5619 (Approx. 7 pages)

2015 Autumn Statement and Spending Review: key pensions announcements

Published on 25 Nov 2015United Kingdom
On 25 November 2015, the Chancellor of the Exchequer delivered his 2015 Autumn Statement and Spending Review. This update considers the implications for occupational and personal pension schemes.

Speedread

The 2015 Autumn Statement and Spending Review produced no new major pensions-related announcements. Of most significance to pensions professionals is the Chancellor of the Exchequer's confirmation that the next two increases in the minimum level of contributions payable to defined contribution auto-enrolment pension schemes will be delayed by six months, in order to align these with the following tax years. Figures from HM Treasury reveal this will save the Exchequer £840 million in tax relief.
The remainder of the pensions-related announcements concerned development of existing pensions reform initiatives. The government's commitment to the "triple lock" for the state pension was restated, and confirmation was given on when the government would announce progress on key changes that are under review, such as the introduction of a secondary annuity market and the pensions tax relief consultation.

Auto-enrolment: minimum contribution timetable extended

Minimum contribution requirements apply where a UK employer intends to use its own defined contribution pension scheme to comply with new automatic enrolment duties under the Pensions Act 2008. These are being phased in over two transitional periods spanning six years. The date from which the next two increases in contribution levels apply has been extended by six months. The alignment of the increases to the start of the tax year is intended to "simplify the administration of automatic enrolment for the smallest employers in particular" (Autumn Statement 2015, paragraph 1.137).
The new deadlines are as follows:
Year
Employer contribution
Total contribution (including tax relief)
First transitional period: from employer's staging date to 5 April 2018
1%
2%
Second transitional period: from 6 April 2018 to 5 April 2019
2%
5%
Steady state: from 6 April 2019
3%
8%
The 2015 Autumn Statement and Spending Review: policy costings document confirms that there will be a saving of £840 million to the Exchequer due to tax relief not being applied to these mandatory contributions (Policy costings document, page 39).
This is the second delay to the phasing-in requirements. The overall transitional period was originally intended to be one year shorter, but on 25 January 2012 the then pensions minister Steve Webb announced in a written ministerial statement that the start of the second transitional period would be delayed for a year (from 1 October 2016 to 1 October 2017), with the end of the period delayed for a further year in consequence, see Legal update, DWP releases revised timetable for auto-enrolment staging dates.
For more information on auto-enrolment, see Practice note, Auto-enrolment: overview.

Triple-lock increase confirmed

The 2015 Autumn Statement and Spending Review reaffirms the government's commitment to the "triple lock" on increases to the basic state pension that was introduced in the last Parliament (Autumn Statement 2015, paragraph 1.133). Under the "triple lock" system, the state pension increases by the highest of the rise in average UK earnings, the rise in inflation (measured by the Consumer Prices Index (CPI)) and 2.5%. The government has previously committed to maintaining the "triple lock" until at least 2020.
The immediate effect of this is that the basic state pension will increase to £119.30 per week from 6 April 2016 in line with the triple lock (Autumn Statement 2015, paragraph 3.48).
The Office for Budget Responsibility estimated in June 2015 that the triple lock had cost £2.9 billion in 2014/15, however, a retracted Government Actuary's Department report published in October 2015 estimated the figure at £6 billion (see Pensions news round-up for the week to 15 October 2015: GAD gauges state pension triple lock cost at £6 billion a year).

Single-tier state pension

The new single-tier state pension, which comes into effect from 6 April 2016, will be set at £155.65. This coincides with the end of the current system of contracting out of the state second pension.
The 2015 Autumn Statement and Spending Review confirms that following the introduction of the single-tier pension from 6 April 2016, legislation will be introduced to "enable the pension tax rules on bridging pensions to be aligned with Department for Work and Pensions legislation" in the Finance Bill 2016 (Autumn Statement 2015, paragraph 3.28). No further guidance on this point is provided, however, it is possible that this means that the Finance Act 2004 rules on bridging pensions will be amended to reflect the introduction of the new single-tier state pension from April 2016, and will allow schemes to amend their rules to reflect the new regime.
For more information on contracting out, see Practice note, Contracting out of the state second pension: overview.

Salary sacrifice

In the July 2015 Budget the government confirmed that it would "actively monitor the growth of salary sacrifice schemes that reduce employment taxes and their effect on tax receipts". This obviously remains a contentious area as the 2015 Autumn Statement and Spending Review confirms that the government remains "concerned" about the growth of the use of salary sacrifice. The government is considering what action is needed, and will "gather further evidence, including from employers, on salary sacrifice arrangements to inform its approach" (Autumn Statement 2015, paragraph 3.25). For more information on salary sacrifice, see Practice note, Salary sacrifice arrangements: Salary sacrifice and enhanced employer contributions to registered pension schemes.

Pensions tax relief consultation

In the July 2015 Budget the government launched a consultation on the system of pensions tax relief. HM Treasury is consulting on whether to make fundamental reforms to current system, perhaps moving from the current "EET" system, whereby contributions and investment income receive tax relief but pensions are taxed, to a "TEE" system (with a government top-up) where pension payments would be tax-free. The government has confirmed it will publish its response at the Budget 2016 (Autumn Statement 2015, paragraph 3.26). For more information, see Legal update, July 2015 Budget: key pensions announcements.

Secondary market for annuities

In the March 2015 Budget the government announced proposals to allow individuals to assign their annuity income stream to a third-party buyer in exchange for a lump sum or an alternative retirement product, provided the original annuity provider agrees to the transaction. A call for evidence on the proposals closed on 18 June 2015, and the 2015 Autumn Statement and Spending Review confirms that the government will publish a formal response in December 2015 with legislation expected in the Finance Bill 2017 (Autumn Statement 2015, paragraph 3.30). For more information, see Legal update, July 2015 Budget: key pensions announcements.

Dependant scheme pensions

Currently a limit applies on the amount of a dependant's scheme pension that may be provided where the scheme member died after 5 April 2006 and had reached age 75, and at the time of death the member was actually receiving one or more scheme pensions under the scheme, or was prospectively entitled to receive them. The dependant's scheme pension cannot exceed the amount of the member's scheme pension and remain an authorised member payment. For more information, see Practice note, Pensions tax: authorised pension payments: Dependants' scheme pension.
Legislation will be introduced with the Finance Bill 2016 to simplify the test that takes place when a dependant's scheme pension is payable. (Autumn Statement 2015, paragraph 3.27).

Inheritance tax and undrawn drawdown funds

In June 2015 HMRC confirmed that it planned to issue guidance about the application of inheritance tax (IHT) to drawdown pensions following pensions industry concerns about the risk that IHT might arise on unused drawdown funds. This meant that if a member died leaving funds designated for flexi-access drawdown that have not been withdrawn, it was possible that the unused drawdown funds may be subject to IHT on the member's death. For more information, see Practice note, Inheritance tax and pension flexibility: overview: Omissions and drawdown.
The 2015 Autumn Statement and Spending Review confirms that the government will legislate to prevent such a charge arising, and that this will be backdated to apply to deaths on or after 6 April 2011. Although HMRC originally stated this would be done through guidance, the government's intention is expected to be reflected in the Finance Bill 2016 (Autumn Statement 2015, paragraph 3.36).

LGPS fund pooling

On 5 October 2015 the Chancellor of the Exchequer announced plans to pool the 89 local authority pension funds of the Local Government Pension Scheme (LGPS) in England and Wales into "half a dozen" British Wealth Funds in order to "invest billions in the infrastructure of their regions", see Pensions news round-up for the week to 8 October 2015: LGPS funds to be reduced to six "wealth funds" to invest in infrastructure.
In the 2015 Autumn Statement and Spending Review the government invited administering authorities to produce proposals for new pooled structures in line with the existing broad guidance to significantly reduce costs while maintaining overall investment performance. As part of this announcement, the Department for Communities and Local Government published Local government pension scheme: investment reform criteria and guidance to assist administering authorities develop their proposals. (Autumn Statement 2015, paragraph 1.138.)

Comment

Compared to previous Budget statements, the 2015 Autumn Statement and Spending Review has been relatively uneventful with only the pushing back of the increase in auto-enrolment minimum contributions as "news". The financial gain for the government on this change is clear, but it is not such good news for scheme members who will lose out on six months of higher contributions, and tax relief, with each deferral. Commenting on this change Joanne Segars, Chief Executive, Pensions and Lifetime Savings Association, said:
"The Government has to ensure that automatic enrolment proceeds as originally planned. There should be no further change to either the staging or the phasing timetables so that the right workers are included and they can begin to build up the pensions they deserve and will need."
The majority of the remaining pensions-points in the 2015 Autumn Statement and Spending Review confirm progress, or the next expected stage, of reforms and changes of which the pensions industry is already aware. The pensions tax consultation, secondary annuity market, IHT and drawdown and state pension changes have all already been announced although confirmation of what is coming next will be welcomed by practitioners.
Given the large amount of change that is underway, the one point of concern to note is the details of the DWP's departmental budget for the coming year. Further reductions in investment in the DWP are planned, billed as enabling it to "become a smaller, more efficient department". This involves spending 22% less on administration and 34% less on technology. At a time when changes to pensions legislation show no sign of letting up, a reduction in one of the main instruments for putting those changes into effect is perhaps a cause for concern (Autumn Statement 2015, paragraph 2.50).