The Government attack on pensions

Changes made and proposed by the ConDem government have limited and may further limit your State Pension but they are also going to affect adversely employer pensions both for those employed by the government in public service and private sector employees.

There are three main areas of change

  • State Pension Age and Normal Pension Age
  • Pension increases – CPI and RPI
  • A Single State Pension ending State Second Pension and contracting-out


Here, we summarise and review the changes and their effect on Unite members

Pension Age

The Government has accelerated and is proposing to accelerate further the rise in State Pension Age

  • The increase in women’s State Pension Age to equal that of men has been accelerated so as to complete by 2018
  • State Pension age will rise to 66 in 2020 (instead of 2026 as previously planned)
  • It is now proposed to introduce an automatic mechanism linked to increased life expectancy as may accelerated further increases in state pension age (previously planned to rise to 67 in 2036 and 68 in 2046)

 

State Pension Age affects both the Basic State pension and State Second Pension to which increasing numbers of employees are contracted-in. There is no ‘early retirement’ with state pensions, as no benefit can be drawn before State Pension Age

State Pension Age has a strong impact on the Normal Pension Age in defined benefit pension schemes, so changes are likely to follow there. While it may also read across into defined contribution schemes it will have less impact as there retirement ages are more flexible and the level of benefit a member get is generally always determined by their age.

In respect of public service schemes the Government has said it will consult on recommendations from Lord Hutton’s Independent Public Service Pension Commission which propose that Normal Pension Age in revised defined benefit schemes will be set as equalling a member’s State Pension Age and will change automatically as State Pension Age changes, with an impact on benefits already earned after this proposal is implemented. If this were legislated for in respect of the public service schemes it is likely that private employers will demand the right to manage their schemes in this way. This would mean different Normal Pension Ages for members of different ages and pension already earned being reduced in value if State Pension Ages increased

Pension Increases

In July 2010 the ConDem Government announced that future increases in State Pensions would be determined by the lower CPI measure of inflation rather than the traditional RPI measure of inflation. It also determined that CPI would be the inflation measure used to determine the statutory and minimum required levels of pension increase required in employer defined benefit schemes.

The Government has estimated that in the long term the CPI is likely to be 0.87% lower each year than RPI i.e if CPI were 2% than RPI would be 2.87%. If, as is the case with employer schemes pension increases are subject to maximum caps the effect is reduced  i.e where increases are capped at 5% the difference is 0.7% and where capped at 2.5% the difference is 0.5%.

The impact of this on the Basis State Pension is limited as that is now linked to the better of CPI inflation or average earnings increases, subject to a minimum increase of 2.5%. The Government did bring forward the previously planned restoration of the ‘earnings link’ by a year (but only in a situation where the earnings increase, exceptionally, was expected to be below inflation).

There is a direct impact on increases in State Second Pension which are directly inflation linked. The impact in 2011/2 is that a CPI increase of 3.1% is being applied rather than an RPI increase of 4.6% (a difference well above the expected long-term average).

CPI has been imposed without consultation in respect of future increases in pensions in payment and in deferred pensions in the public service schemes. This affects the past service benefits of members as well as future benefits and has been estimated to reduce the long term value of the schemes to members by 15%.

The impact on private sector defined benefits schemes varies according to how their rules are written.

Some schemes’ rules provide for increases to be directly determined by legislation  and for these schemes there is a direct impact affecting both past and future service benefits.

In some other schemes the rules on increases directly specify RPI linked increases. For these schemes the rules can generally be changed for the future but past service benefits cannot be impacted.

Scheme rules may differ as regards increases to pensions in payment and increases in deferred pensions, so each has to be analysed separately.

In many cases , whatever scheme rules say, member communications may have promised increases based on RPI and in that event Trustees and employers would be expected to take account of these in determining what future increases would be (and Unite representatives would want to make representation to them), but in law the rules are generally given precedence.

A Single State Pension

In the 2011 Budget the Government announced it was going to consult on a proposal to introduce a ‘simple contributory flat rate’ state pension set at £140 a week. This would be for future rather than current pensioners. It would be set at a level above the standard qualifying level for means tested benefits (the guarantee credit level of Pension Credit). The worthy objective of this would be to reduce means-testing and give clearer incentives to people to save for retirement. No detail on this is yet available but it is stated it is not expected to increase government spending.

The proposal would mean an end to State Second Pension (S2P), though past accruals would be preserved. It would also mean an end to contracting-out by defined benefit company schemes.

While it suggests that the position of the poorest pensioners might be improved it also appears that the additional benefit it would provide (i.e £38 a week in present values the difference between £140 and the £102 Basic State Pension) is a lot less than S2P would provide for many employees. Also the associated end to contracting-out for members of defined benefit schemes is likely to prompt changes to those schemes and possibly lead to their termination. The net result could be a levelling down of pension provision affecting a large majority of employees.

Most defined benefit –pension schemes are contracted-out. This means that they provide a replacement benefit for S2P and both the employer and employees pay lower Ni contributions. If contracting-out ends then employers will see members getting a benefit increase at the same time as their costs go up. This is likely to prompt one of two things. The employer may seek to reduce scheme benefits to offset the members’ gain and their increase in NI. Alternatively they may use the change as a reason to review the continuation of DB provision.

The Government is consulting on proposals for new CARE schemes for public service employees. If these are introduced against a background of a single state pension being introduced then the accrual rate in these prospective scheme might be proposed as being significantly lower than otherwise

All defined contribution schemes are contracted-in and S2P comprises a significant part of the benefits that they receive. Any reduction in the scope of DC is unlikely to be compensated unless NI is reduced. Members of these scheme will end up with lower retirement incomes and a larger proportion of it provided through Dc provison in which they bear all the risk

Unite policy is to support a higher level of Basic State Pension but not at the expense of compromising overall provision and company scheme benefits.