European Commission Petition 1107/2003 Company Pensions in the UK - - PowerPoint PPT Presentation

european commission petition 1107 2003 company pensions
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European Commission Petition 1107/2003 Company Pensions in the UK - - PowerPoint PPT Presentation

European Commission Petition 1107/2003 Company Pensions in the UK Appeal to European Commission on behalf of Mr. Maurice Jones and over 100,000 UK citizens 25 th April 2006 Dr. Ros Altmann 1 Why EU being asked to help UK Government ignored


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European Commission Petition 1107/2003 Company Pensions in the UK

Appeal to European Commission on behalf of

  • Mr. Maurice Jones and over 100,000 UK citizens

25th April 2006

  • Dr. Ros Altmann
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  • Dr. Ros Altmann

Why EU being asked to help

UK Government ignored EU rules in an attempt to keep

state pensions unsustainably low – sacrificed member security

1 in every 100 members has lost some or all pension UK ignoring maladministration verdict of own Ombudsman

  • official info inaccurate, incomplete, unclear, misleading

Encouraged joining company schemes, no risk warning,

said properly protected, lulled into false sense of security

Not allowed other pension, members no chance to protect Like forcing members to bet all retirement income on

shares of one company – would never do it if they knew!

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  • Dr. Ros Altmann

UK Government responsible for private pension losses

Parliamentary Ombudsman blames UK Government – says

full compensation should be paid

  • Mr. Jones has lost all 38 years’ worth of contributions to

his company final salary occupational pension

Lost some state pension too as unique UK ‘contracting

  • ut’ system transfers state pensions to private schemes

Government called them ‘Guaranteed Minimum Pensions’ Before 1997, they were ‘guaranteed’, after 1997 only

‘protected’ by the Minimum Funding Requirement (MFR)

Government secretly decided MFR only designed to give

50/50 chance of workers’ full pensions

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  • Dr. Ros Altmann

UK only pretended to comply with EU law - misled EU and members

Government said trust basis (separating assets from

employer) + MFR + Regulator + priority order protects

In truth, no proper protection because system depended

  • n totally inadequate MFR (weakened to help employers)

EU law requires solvency to be ensured with reasonable

amount of certainty: < 50/50 chance not ‘reasonable’

UK state pension so low that private pensions vital Government not been honest about pensions – post

Maxwell ‘protection’ actually made things worse!

Could not happen in other EU countries – IFI/Richardsons

all N. Ireland workers lost pensions, all Eire workers safe

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  • Dr. Ros Altmann

Why is UK Government at fault?

UK pension system run for ongoing funding not solvency Legal rules on wind-up force scheme assets to buy

annuities with legally determined ‘priority order’

Not private schemes-Government endorsed and interfered Other members have first call on Mr. Jones’ contributions Allowed contribution holidays, solvent wind-up, removed

dividend tax relief, members not diversify, weakened MFR

Assumed equity returns provide adequate pension funding If financial companies encourage investing risky products,

with no risk warning, must compensate for financial losses

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  • Dr. Ros Altmann

Urgent appeal to EU

EU law provides for protection, UK has accepted this, but

not implemented it properly – false assurances

Article 1, 1st Protocol Human Rights, 1980 Insolvency Dir. UK Government has refused to accept its responsibility This injustice demands pension replacement not just

assistance – lives in ruins, some already died

Europe cannot allow member state to flout law like this What can be done? Article 226 force UK to remedy failure EU help urgent – biggest social injustice of our time

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  • Dr. Ros Altmann

END OF FORMAL PRESENTATION

The following slides are for more detailed information…

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  • Dr. Ros Altmann

What happened?

  • Mr. Maurice Jones is 66 and contributed to his company pension

for 38 years

  • In 1997, his company failed and he found he had lost his job, his

whole company pension and part of his state pension

  • Over 100,000 members have lost some or all the pensions which

the UK Government assured them were safe

Even some pensioners have had their pensions cut

  • Their – and their families’ - lives have been ruined
  • Despite fighting for several years, they have still not received help
  • How can this be allowed to happen in 21st Century EU?
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  • Dr. Ros Altmann

UK Governments failed to adopt EU laws

UK Government told everyone pensions were safe when

they were not

Government policy set out to make people believe that

  • ccupational pensions were secure

Government told the public they were ‘safe’ ‘protected’

and ‘guaranteed’

They were not Members were denied an informed choice The law took away their contributions to pay other

people’s pensions

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  • Dr. Ros Altmann

Why were UK pensions not properly protected?

  • UK Government frightened of imposing high costs on employers
  • UK pension policy relied on private pensions to supplement very

low state pension

  • If employers pulled out of social welfare pensions, state pension

costs would rise

  • After Maxwell scandal, 1995 Pensions Act introduced Minimum

Funding Requirement (MFR) and Regulator to reassure public

  • Members told accrued pension rights would be protected even if

employer failed – not told MFR only designed for 50/50 chance

  • Members lulled into false sense of security
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  • Dr. Ros Altmann

UK told EU it had protected pensions

  • 1995 Act purported to increase protection – actually reduced it!
  • Trustees and Regulator only fund to MFR – became maximum
  • MFR completely inadequate for wind-up security because not

reflect annuity buyout – long-term funding vs. solvency

  • Priority order devastated pensions of long-serving workers
  • Even ‘Guaranteed Minimum Pensions’ from state rights not

properly protected – members lose state and private pensions

  • Members denied informed choice – no chance to protect their

retirement income

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  • Dr. Ros Altmann

Protection was a myth

Protection radically reduced after 1997 Priority order gives all assets to pensioners first All others not protected, irrespective of age, health, years

  • f contributions, amount transferred from other schemes

Anyone who took early retirement gets full pension, while

64-year olds left with nothing

Not even proper protection for solvent employer schemes Over-rides trustee discretion and scheme rules

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  • Dr. Ros Altmann

UK Government negligent

Successive Governments promoted/encouraged joining Inland Revenue prevented any other pension Official documents contrasted ‘safety’ of final salary

scheme with ‘risky’ money purchase

Government in charge of MFR, misled members that

pensions protected – never warned of wind-up risks

Government interfered with private schemes after 1997

– they were no longer just private arrangements

Even state rights not protected fully

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  • Dr. Ros Altmann

Effect of our Pensions System

  • Like forcing members to bet their whole retirement income on one

share in the stock market – no-one would do that if they knew!

  • If that company fails, they can lose all their money (and their job)
  • Inland Revenue did not allow any other pension, but members

were completely unaware of the risks – no chance to protect

  • Government policy encouraged people to join their company

scheme, but deliberately decided not to warn of any risks

  • Government has ignored EU rules in an attempt to keep state

pensions unsustainably low – sacrificed member security

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  • Dr. Ros Altmann

UK Parliamentary Ombudsman finds maladministration

  • 16-month independent inquiry finds UK Government is responsible

for these injustices

  • Officials and Ministers knew members thought they were

protected by laws, but they weren’t

  • Decided to inform the public of the benefits of company pension

scheme membership, not mention risks

  • If financial companies encourage purchase of risky products, with

no risk warning, must compensate for financial losses

  • Parliamentary Ombudsman says Government should replace

pensions in full

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  • Dr. Ros Altmann

UK Government failures since 1997

Removed ACT relief in 1997, which undermined MFR

calculation

Weakened MFR in 1998 and 2002

Pensions had become 100% secure, intention 50%!

Government worried that MFR encouraged schemes to

buy gilts – wanted to encourage equity investment

Reviews of security failed to address wind-up risks Government ignored warnings about rising annuity

costs on buyout, and risk of solvent employer wind-ups

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  • Dr. Ros Altmann

An example: Stan aged 66

His company pension is zero from 35 years contributions If he had never put any money into his company scheme he would now be getting £31pw week more every week and would have had use of the money he contributed to company pension he has lost! Stan is now age 66 and still working! Scheme pension should be: £86pw Of which: GMP £48pw Own pension £38pw Scheme paying him just £17pw!

Government deducting £48pw from his State pension because he

was contracted out and should get this from company scheme. But he isn’t.

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  • Dr. Ros Altmann

Government announced a Financial Assistance Scheme in 2004

Agreed to pay just £400m in 20 years Only about 30 people out of 100,000+ been paid! Interim 60% of pension, losing all inflation-linking Benefits capped at £12,000 Maurice Jones will lose over two-thirds of his pension Also lost £85,500 tax free lump sum and widow’s cover Parliamentary Ombudsman agrees Financial Assistance

Scheme wholly inadequate to remedy this injustice

Excludes over 80% of those affected

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  • Dr. Ros Altmann

This could not happen anywhere else in Europe

Other European countries have protected pensions

properly

IFI/Richardsons example – all Eire workers got full

pensions, all Northern Ireland employees lost pensions

UK Government needs to remedy this injustice What does it take for this scandal to be righted?

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  • Dr. Ros Altmann

Appeal to EU to help

UK Government has not yet accepted its responsibility This demands pension replacement not just assistance Financial firms would have to compensate for losses if

they encouraged investment and failed to warn of risks

EU law provides for protection, UK has accepted it, but

not implemented it properly

Europe cannot allow member state to flout law like this What can be done? Your help is urgently needed –

many are too old to wait for years!

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Please help now…

www.rosaltmann.com