Pensions regulation Flashcards

1
Q

Andrew, aged 42, joined his previous employer’s defined benefit scheme in 2000 and left in 2008. If the scheme has entered the Pension Protection Fund, his benefits will be revalued each year in deferment in line with the:

a.
CPI capped at 5%.

b.
CPI capped at 2.5%.

c.
RPI capped at 5%.

d.
RPI capped at 2.5%.

A

a.
CPI capped at 5%.

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2
Q

Melissa is a member of her company’s contributory occupational defined contribution pension scheme. She is currently on maternity leave and will be paid a reduced salary for this period. What will happen to contributions paid into the scheme during her maternity leave?

a.
Both Melissa and her employer’s contributions will be based on the level of actual earnings she receives.

b.
Both Melissa and her employer are required to continue to make contributions based on her pensionable earnings prior to her starting maternity leave.

c.
Her employer’s contributions will be based on the level of actual earnings she receives and Melissa is required to continue to make contributions based on her pensionable earnings prior to her starting maternity leave.

d.
Her employer is required to continue to make contributions based on her pensionable earnings prior to her starting maternity leave and Melissa’s contributions will be based on the level of actual earnings she receives.

A

d.
Her employer is required to continue to make contributions based on her pensionable earnings prior to her starting maternity leave and Melissa’s contributions will be based on the level of actual earnings she receives.

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3
Q

The National Employment Savings Trust [NEST] and The People’s Pension are multi-employer master trust schemes. Which of these schemes, if any, is UNABLE to decline business it feels will be unprofitable?

a.
NEST only.

b.
The People’s Pension only.

c.
Both are able to decline business that is felt to be unprofitable.

d.
Neither are able to decline business that is felt to be unprofitable.

A

a.
NEST only.

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4
Q

Adam, who is a widower, died recently whilst in receipt of Pension Protection Fund [PPF] compensation of £24,000 p.a. His 16 year old son will be entitled to PPF compensation of:

a.
£24,000 p.a.

b.
£12,000 p.a.

c.
£6,000 p.a.

d.
£16,000 p.a.

A

b.
£12,000 p.a.

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5
Q

Which of the State Pensions paid to individuals who reached their State Pension Age prior to 6 April 2016 can be included in a pension sharing order?

a.
State Second Pension and SERPS only.

b.
State Second Pension only.

c.
SERPS only.

d.
Basic State Pension, SERPS and State Second Pension.

A

a.
State Second Pension and SERPS only.

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6
Q

If the Pension Protection Fund is to take responsibility for a scheme a number of requirements must be met. One of these is that the scheme must NOT have commenced wind-up before:

a.
6 April 2006.

b.
1 January 2005.

c.
1 January 2006.

d.
6 April 2005.

A

d.
6 April 2005.

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7
Q

John is declared bankrupt on 1 June 2023 and the trustee in bankruptcy applies for an income payments order that takes effect from 1 August 2023. The period of bankruptcy ends on 31 May 2024. If the income payments order is for the maximum term allowed, when must it end by?

a.
31 July 2024.

b.
31 July 2026.

c.
31 May 2026.

d.
31 May 2024.

A

b.
31 July 2026.

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8
Q

Which employee would be classed as a non-eligible jobholder for automatic enrolment purposes?

a.
Hee-Jin, who is 48 and has part time earnings of £5,000.

b.
Harry, who is 67 and has earnings of £24,000.

c.
Julie, who is 29 and has earnings of £15,000.

d.
Angus, who is 64 and has earnings of £45,000

A

b.
Harry, who is 67 and has earnings of £24,000.

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9
Q

Who can recover unpaid contributions to a work-based pension scheme from the employer?

a.
The Pensions Regulator.

b.
The Pensions Ombudsman.

c.
The FCA.

d.
HMRC.

A

a.
The Pensions Regulator.

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10
Q

A retired member of a defined benefit scheme that has entered the Pension Protection Fund can expect their pension income to increase in line with CPI capped at:

a.
5% for benefits accrued after 5 April 1997 and CPI capped at 2.5% for benefits accrued prior to 6 April 1997.

b.
2.5% for benefits accrued after 5 April 1997 and CPI capped at 5% for benefits accrued prior to 6 April 1997.

c.
2.5% for benefits accrued after 5 April 1997 and no increases for benefits accrued prior to 6 April 1997.

d.
5% for benefits accrued after 5 April 1997 and no increases for benefits accrued prior to 6 April 1997.

A

c.
2.5% for benefits accrued after 5 April 1997 and no increases for benefits accrued prior to 6 April 1997.

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11
Q

Once the assessment period to establish whether a defined benefit scheme meets the criteria for entry into the Pension Protection Fund has commenced certain limitations apply to the scheme. Which of these limitations is stated INCORRECTLY?

a.
No further benefits can be paid under the scheme.

b.
No further benefits can be accrued.

c.
No transfer values can be paid.

d.
No new members can be admitted.

A

a.
No further benefits can be paid under the scheme.

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12
Q

John, aged 62, and Jane, aged 65, divorced ten years ago and Jane received an earmarking periodic payment order as part of the divorce settlement. With Jane’s earmarked pension, it is INCORRECT to say that if:

a.
John remarries, Jane will lose her earmarked pension.

b.
Jane remarries, she will lose her earmarked pension.

c.
Jane moves in with her new partner, she is likely to lose her earmarked pension.

d.
John dies, the earmarking order dies with him.

A

a.
John remarries, Jane will lose her earmarked pension.

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13
Q

What is the minimum postponement period a workplace pension can use to defer the date on which it assesses a worker?

a.
One week.

b.
One month.

c.
Three months.

d.
One day.

A

d.
One day.

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14
Q

Following an action by Fiona’s insurer in May 2023, she complained to the Financial Ombudsman Service [FOS]. The maximum monetary award the FOS can enforce is:

a.
£375,000 plus interest and costs.

b.
£375,000 in total, including interest and costs.

c.
£415,000 in total, including interest and costs.

d.
£415,000 plus interest and costs.

A

d.
£415,000 plus interest and costs.

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15
Q

Jane has been awarded an earmarked periodic payment from her ex-husband’s pension scheme. She should be aware that:

a.
if her ex-husband remarries the payments will stop.

b.
the income payments will be paid to her after tax at her ex-husband’s marginal rate has been deducted.

c.
she retains the right to these payments if she remarries.

d.
she is entitled to receive a transfer value for these benefits.

A

b.
the income payments will be paid to her after tax at her ex-husband’s marginal rate has been deducted.

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16
Q

Kelly has received a pension credit that relates to her ex-husband’s membership of the Civil Service Pension Scheme. As a result the scheme must offer her:

a.
the choice between membership of the scheme and receiving a transfer value.

b.
either membership of the scheme or a transfer value but it is up to the scheme to decide which.

c.
membership of the scheme but can choose not to offer her a transfer value.

d.
a transfer value but they can choose not to offer her membership of the scheme.

A

c.
membership of the scheme but can choose not to offer her a transfer value.

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17
Q

Megan and her employer both contribute 5% of her salary into a defined contribution scheme. Megan has just started her maternity leave and she plans to return to work after six months. Her employer will pay her full salary of £2,000 per month for three months and this will reduce to £1,000 for the remaining three months. Regarding the contributions made into the scheme during her period of maternity leave, Megan:

a.
will pay £100 per month for the first three months and £50 per month for the next three months. Her employer will contribute £100 per month for the entire six month period.

b.
will not have to make any pension contributions during her period of maternity leave, but her employer will be required to pay £100 per month for the entire six month period.

c.
and her employer will pay £100 per month for the entire six month period.

d.
and her employer will pay £100 per month for the first three months and £50 per month for the next three months.

A

a.
will pay £100 per month for the first three months and £50 per month for the next three months. Her employer will contribute £100 per month for the entire six month period.

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18
Q

Which individual would have their complaint investigated by The Pensions Ombudsman?

a.
Bryan, who is unhappy with the way a trustee of his employer’s occupational pension scheme is carrying out his duties.

b.
Barbara, who feels she was mis-sold her personal pension plan.

c.
Reg, who feels the charges on his employer’s in-house AVC scheme are too high.

d.
John, who is about to retire and feels that his State pension forecast does not take full account of his class 1 National Insurance Contribution record.

A

a.
Bryan, who is unhappy with the way a trustee of his employer’s occupational pension scheme is carrying out his duties.

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19
Q

Q: What is the role of The Pensions Regulator (TPR)?

A

A: The Pensions Regulator (TPR) is the UK regulator of work-based pension schemes.

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20
Q

Q: What is the responsibility of The Pensions Regulator?

A

A: The Pensions Regulator has the responsibility to protect the benefits and rights of members of work-based pension schemes and reduce the risk of situations that may lead to compensation being payable from the Pension Protection Fund (PPF).

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21
Q

Q: What are the three categories of powers that The Pensions Regulator has?

A

A: The Pensions Regulator has three broad categories of powers: gathering information, regulation and enforcement action, and acting against avoidance.

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22
Q

Q: Which organization handles complaints about the sale and marketing of products sold by FCA registered firms?

A

A: The Financial Ombudsman Service (FOS) is responsible for dealing with complaints about the sale and marketing of products sold by FCA registered firms.

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23
Q

Q: What type of complaints does the Pensions Ombudsman investigate?

A

A: The Pensions Ombudsman investigates complaints about the running of occupational pension schemes and individual pension arrangements that do not fall under the remit of the Financial Ombudsman Service (FOS).

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24
Q

Q: Who sponsors the Money and Pensions Service (MaPS), and what is their commitment?

A

A: The Money and Pensions Service (MaPS) is sponsored by the Department for Work and Pensions (DWP) with a commitment to ensure that people throughout the UK have the guidance and information they need to make effective financial decisions.

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25
Q

Q: What is MoneyHelper and what does it include?

A

A: MoneyHelper is a free, consumer-facing service provided by the Money and Pensions Service (MaPS) that includes Pension Wise, which offers guidance on pensions.

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26
Q

Q: What is the purpose of the Pension Protection Fund (PPF)?

A

A: The Pension Protection Fund (PPF) is an insurance scheme designed to protect members of defined benefit schemes and the defined benefit element of hybrid schemes. It provides compensation to members if their scheme is underfunded and their employer is insolvent.

27
Q

Q: In what circumstances does the PPF take over a scheme?

A

A: The PPF may step in and take over a scheme when the employer is insolvent and the scheme is underfunded to the point where its assets are insufficient to provide members with benefits of at least the levels paid by the PPF.

28
Q

Q: How much of the benefits does the PPF cover for different categories of members?

A

A: The PPF will cover 100% of benefits for members who had already reached the scheme’s Normal Retirement Date (NRD) and those already receiving survivor’s benefits. For members who had not reached the scheme’s NRD, the PPF will pay compensation of 90% of their benefits.

29
Q

Q: What is the Financial Assistance Scheme (FAS)?

A

A: The Financial Assistance Scheme (FAS) is a scheme introduced to provide assistance to members of pension schemes who have lost their pension benefits due to company insolvency and are not covered by the PPF.

30
Q

Q: How much compensation does the FAS pay to members?

A

A: The FAS pays compensation of up to 90% of the pension that the member had accrued before the scheme started to wind up. This compensation is a top-up to any pension paid by the scheme itself and is subject to a cap.

31
Q

Q: What are the three categories of worker in relation to workplace pension schemes?

A

A: The three categories of worker are eligible jobholders, non-eligible jobholders, and entitled workers.

32
Q

Q: What is the requirement for employers regarding eligible jobholders and automatic enrolment?

A

A: Employers must automatically enrol eligible jobholders into an automatic enrolment scheme and pay at least the minimum contribution as set out in law. If an eligible jobholder opts out, the employer must automatically re-enrol them every three years.

33
Q

Q: What options do non-eligible jobholders have regarding pension schemes?

A

A: Non-eligible jobholders have the option to opt into a pension scheme. If they choose to do so, the employer must pay at least the minimum contribution set out in law.

34
Q

Q: What is the requirement for employers regarding entitled workers and pension schemes?

A

A: Entitled workers can ask to join a pension scheme, and the employer must facilitate their membership. However, the employer is not required to make a contribution on their behalf.

35
Q

Q: What is postponement and how long can it be applied for?

A

A: Postponement allows an employer to delay the assessment of a worker for up to three months. This means that the employer does not have to automatically enrol or make contributions for the worker during this period.

36
Q

Q: What is the minimum overall contribution required for a defined contribution occupational scheme since April 2019?

A

A: The minimum overall contribution required for a defined contribution occupational scheme since April 2019 is no less than 8% of a jobholder’s qualifying earnings.

37
Q

Q: What earnings are included in qualifying earnings for pension scheme contributions?

A

A: Qualifying earnings include salary/wages, bonus, overtime, commission, sick pay, maternity, paternity, and adoption pay. However, P11D benefits are not included.

38
Q

Q: Can an existing defined contribution scheme calculate contributions differently than the qualifying earnings definition?

A

A: Yes, an existing defined contribution scheme can calculate contributions from the first pound earned or using a different band of earnings. However, they must certify that one of the three alternative sets of contributions applies as a minimum.

39
Q

Q: What is the joining window in the automatic enrolment process?

A

A: The joining window is a six-week period that starts from the eligible jobholder’s enrolment date. The automatic enrolment process must be completed within this period.

40
Q

Q: Can employers implement a salary sacrifice arrangement before or after the jobholder’s automatic enrolment date?

A

A: Yes, employers can choose to put in place a salary sacrifice arrangement either before or after the jobholder’s automatic enrolment date.

41
Q

Q: What are some examples of master trust schemes used by employers to meet their obligations under workplace pension rules?

A

A: Two examples of master trust schemes used by employers are NEST (National Employment Savings Trust) and The People’s Pension.

42
Q

Q: What is the default fund choice for NEST and The People’s Pension?

A

A: The default fund choice for NEST is a Retirement Date Fund, although there are other funds to choose from. The People’s Pension offers three risk-profile based options or eight investment funds.

43
Q

Q: Are there any restrictions on transfers into NEST or The People’s Pension?

A

A: No, there are no restrictions on transfers into NEST or The People’s Pension.

44
Q

Q: What should be taken into account when offsetting pension benefits in a divorce?

A

A: When offsetting pension benefits in a divorce, the amount to be offset should take account of the income tax payable on the pension benefits when they come to be paid.

45
Q

Q: What does offsetting provide in a divorce?

A

A: Offsetting provides a clean break at the time of the divorce.

46
Q

Q: What does earmarking allow in a divorce?

A

A: Earmarking allows the ex-spouse to have benefits earmarked in the member’s pension scheme so that they will receive income and/or a lump sum when the member either retires or dies.

47
Q

Q: What does an earmarked periodic payment order entitle the ex-spouse to in a divorce?

A

A: An earmarked periodic payment order entitles the ex-spouse to receive part of the member’s pension, expressed as a percentage.

48
Q

Q: What does an earmarked lump sum order allow in a divorce?

A

A: An earmarked lump sum order allows part or all of the member’s tax-free cash to be paid to the ex-spouse.

49
Q

Q: Does the ex-spouse have control over the pension in an earmarking arrangement?

A

A: No, the ex-spouse has no control over the pension. The member can defer the benefits or transfer the pension as they choose, both of which have consequences for its value to the ex-spouse.

50
Q

Q: Does earmarking provide a clean break in a divorce?

A

A: No, earmarking does not provide a clean break. The death of either party or the re-marriage of the ex-spouse can have serious repercussions for the value of the earmarking order to the ex-spouse.

51
Q

Q: How is a pension sharing order expressed in a divorce?

A

A: A pension sharing order is expressed as a percentage share of the member’s benefits that are to be passed to the ex-spouse.

52
Q

Q: What does the treatment of the share depend on in a pension sharing order?

A

A: The treatment of the share depends on the type of pension scheme: whether funded or unfunded, defined contribution or defined benefit.

53
Q

Q: Does pension sharing provide a clean break in a divorce?

A

A: Yes, pension sharing provides a clean break on divorce and is unaffected by the death or re-marriage of either party.

54
Q

Q: What does the European Age Discrimination Directive prohibit in relation to pension schemes?

A

A: The European Age Discrimination Directive makes it unlawful for pension schemes to discriminate against members or prospective members of a pension scheme on the basis of age.

55
Q

Q: Which pensions are not covered by the European Age Discrimination Directive regulations?

A

A: The regulations cover all pensions except state pensions, pension sharing arrangements on divorce, and annuities purchased from an insurance company.

56
Q

Q: What is required for discrimination to be considered objectively justified?

A

A: In order for either direct or indirect discrimination to be considered objectively justified, it must allow the business to achieve a business need.

57
Q

Q: What did the European Court of Justice clarify regarding the ‘equal pay for equal work’ principle?

A

A: The European Court of Justice has made it clear that the ‘equal pay for equal work’ principle among men and women, as set out in the Treaty of Rome, includes occupational scheme benefits.

58
Q

Q: What are individuals entitled to receive during a period of paid statutory leave?

A

A: Individuals who are in a period of paid statutory maternity, paternity, or adoption leave are entitled to receive pension contributions from their employer based on their earnings before the period of leave started.

59
Q

Q: What did the FSMA 2000 establish regarding advice from trustees to members?

A

A: The FSMA 2000 (Financial Services and Markets Act 2000) set out the levels of advice that trustees can give to their members.

60
Q

Q: What does the Welfare Reform and Pensions Act (WRPA) 1999 specify regarding pension benefits and bankruptcy?

A

A: The WRPA 1999 sets out how different types of pension benefits are treated when a member is declared bankrupt.

61
Q

Q: Are deferred pension benefits protected from the Trustee in Bankruptcy?

A

A: Yes, on the whole, deferred pension benefits are protected from the Trustee in Bankruptcy.

62
Q

Q: What happens to benefits in payment during bankruptcy?

A

A: Benefits in payment may become subject to an income payment order unless they are in respect of Guaranteed Minimum Pension (GMP), in which case they are excluded from the estate.

63
Q

Q: Can a bankruptcy affect State Pensions in payment?

A

A: Technically, a bankruptcy can attach an income payments order to State Pensions in payment. However, this order cannot reduce the bankrupt’s remaining income below what is necessary to meet their reasonable domestic needs and those of their family. Therefore, it is unusual for State Pensions to have such an order attached.

64
Q

Q: Can a Trustee in Bankruptcy recover excessive contributions paid to a pension scheme?

A

A: Yes, a Trustee in Bankruptcy can apply to the court to recover “excessive contributions” paid to a pension scheme. This may occur if the Trustee believes that the individual intentionally made high pension contributions to deprive their creditors of money they owe.